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
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