Allahabad High Court
SADRUN NISHAversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 7 OTHERS
- Decided
- Disposal
- Dismissed on merits/Rejected
- Bench
- BRIJ RAJ SINGH
Holding
An application under Section 528 CrPC must be dismissed if the applicant is not present or represented to prosecute the application.
Summary
The applicant, Sadrun Nisha, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court seeking relief against the State of Uttar Pradesh and others. The issue before the court was whether the application could be entertained in the absence of any representative for the applicant. The court observed that no counsel or party appeared on behalf of the applicant to press the application. Consequently, the court held that the application could not proceed due to lack of prosecution. The interim order previously granted, if any, was vacated, and the application was dismissed.
Issues considered
- Can an application under Section 528 CrPC be entertained when the applicant is not present or represented before the court?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- Criminal Procedure Code
- application dismissed
- interim order vacated
- procedural default
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 528 BNSS No. - 1642 of 2025
Sadrun Nisha
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And 7
Others .....Opposite
Party(s)
Counsel for Applicant(s) : Lalu Prasad Bhatt, Shiv Bahadur Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 16
HON'BLE BRIJ RAJ SINGH, J.
Case called out in the revised list.
None is present for the applicant to press this application.
In view of the above the application is dismissed for want of prosecution.
Interim order, if any, is hereby vacated.
(Brij Raj Singh,J.)
November 10, 2025
A.Nigam
Digitally signed by :-
ANUJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench
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