Created by Fuzzy Cloud

Allahabad High Court

MASTER DHRITIL BHARGAVA THRU. HIS FATHER ABHINAVA BHARAGAVAversusSTATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LUCKNOW and ANR.

Decided
Disposal
Disposed off/Decided on merits

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Master Dhritil Bhargava through his father, filed a habeas corpus writ petition before the Allahabad High Court. On the scheduled hearing, none of the eight counsels listed for the petitioner appeared, while the respondent's counsel was present. The court noted that the petition had been pending for a long time and that the petitioner had not filed a rejoinder affidavit. The court gave a final opportunity for the petitioner’s counsel to appear on 27‑01‑2025, warning that failure to do so would result in dismissal for want of prosecution. No counsel appeared on the subsequent date, and the petition was dismissed for want of prosecution. The order was pronounced by Justice Rajnish Kumar on 04‑04‑2025.

Issues considered

  • Whether the habeas corpus petition should be dismissed for want of prosecution due to non‑appearance of petitioner’s counsel and failure to file a rejoinder affidavit.

Subjects

  • habeas corpus
  • want of prosecution
  • non‑appearance
  • procedural default
  • high court order

Judgment

                                                                             Neutral Citation No. - 2025:AHC-LKO:18887

                                         Court No. - 11

                                         Case :- HABEAS CORPUS WRIT PETITION No. - 31069 of 2021

                                         Petitioner :- Master Dhritil Bhargava Thru. His Father Abhinava
                                         Bharagava
                                         Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And
                                         Anr.
                                         Counsel for Petitioner :- Padm Kirti,Aasif Razzaque Khan,Abdul
                                         Razzaque Khan,Abhay Nath Mishra,Divya Mishra,Gaurav Singh,Rajeev
                                         Shukla,Sanjeev Kumar Singh
                                         Counsel for Respondent :- G.A.,Nandita Bharti

                                         Hon'ble Rajnish Kumar,J.

                                         List is being revised. None appeared on behalf of the petitioner
                                         to press this petition, whereas learned A.G.A. and Ms.Nandita
                                         Bharti, learned counsel for the respondent no.2 are present.

                                         The following order was passed on 03.01.2025:-

                                         "1. No one is present for the petitioner while the name of eight counsels is
                                         printed in the cause list, while Ms. Nandita Bharti is present for
                                         respondent no.2 along with learned A.G.A. for the State.
                                         2. The instant petition is being listed after a long period of time.
                                         3. Thus, a last opportunity is provided to learned counsels for the
                                         petitioner to participate in the proceedings, failing which, the petition may
                                         be dismissed for want of prosecution if no one would appear on behalf of
                                         the petitioner on the next date of listing.
                                         4. List this case, accordingly, on 27.01.2025. "

                                         In view of above it appears that the petitioner does not want to
                                         press this petition.

                                         Learned counsel for the respondent no.2 also informed that no
                                         rejoinder affidavit has been filed by the petitioner.

                                         The petition is dismissed for want of prosecution.

                                         . ..................
                                         .......................................(Rajnish Kumar,J.)
                                         Order Date :- 4.4.2025
                                         Banswar




Digitally signed by :-
RAM NARESH BANSWAR
High Court of Judicature at Allahabad,
Lucknow Bench


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.