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Allahabad High Court

OM MINOR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed for want of prosecution as the petitioners demonstrated no intention to continue the writ proceedings.

Summary

The petitioners, Om Minor and another, filed a habeas corpus writ petition (No.1182 of 2025) before the Allahabad High Court against the State of U.P. and three others. No counsel appeared on behalf of the petitioners and they failed to attend subsequent hearings, indicating a lack of interest in pursuing the matter. The Court examined whether the petition could continue in the absence of the petitioners. Observing the petitioners' continued absence and expressed intention not to prosecute, the Court held that the writ petition could not be kept alive. Consequently, the petition was dismissed for want of prosecution.

Issues considered

  • Whether a habeas corpus writ petition may be dismissed for want of prosecution when the petitioners do not appear and show no intention to pursue the case?

Subjects

  • habeas corpus
  • writ petition
  • dismissal for want of prosecution
  • procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                HABEAS CORPUS WRIT PETITION No. - 1182 of 2025

                                    Om Minor And Another
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Manoj Kumar Gautam
                                    Counsel for Respondent(s)                  :   G.A., Perdeep Kumar

                                    Court No. - 73
                                                         HON'BLE SANDEEP JAIN, J.

                                    None appears on behalf of the petitioners.

                                    It appears that the petitioners are no longer interested in pursuing the
                                    present writ petition and have, by their continued absence, evinced no
                                    intention to prosecute the matter further.

                                    Accordingly, the present writ petition is dismissed for want of
                                    prosecution.



                                                                                             (Sandeep Jain,J.)
                                    September 8, 2026
                                    Himanshu




Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad


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