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Allahabad High Court

SADRUN NISHAversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 7 OTHERS

Decided
Disposal
Dismissed on merits/Rejected

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

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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