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Allahabad High Court

RAJEEV TAYAL AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The application under Section 528 is dismissed for want of prosecution.

Summary

The applicants, Rajeev Tayal and another, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. No counsel appeared on behalf of the applicants to press the matter, while counsel for the State and the second opposite party were present. The court observed that the applicants had failed to prosecute the application. Consequently, the court dismissed the application for want of prosecution. The interim order, if any, that had been granted earlier was also discharged.

Issues considered

  • Whether an application under Section 528 CrPC can be dismissed for want of prosecution?

Legislation cited

Subjects

  • Section 528
  • application dismissal
  • want of prosecution
  • Criminal Procedure Code
  • interim order discharge

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 17002 of 2025

                                    Rajeev Tayal And Another
                                                                                                  .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Birendra Kumar, Raghav Arora
                                    Counsel for Opposite Party(s) : Dilip Kumar Goswami, G.A., Narendra
                                                                    Singh

                                    Court No. - 81
                                                       HON'BLE MADAN PAL SINGH, J.

                                    1. Case called out in the revised call. None has appeared appeared on behalf
                                    of the applicants to press the present applicant. Sri Dilip Kumar Goswami,
                                    learned counsel for the opposite party no. 2 as well as learned AGA for the
                                    State are present.

                                    2. Accordingly, the present application is dismissed for want of prosecution.

                                    3. Interim order, if any, stands discharged.

                                    September 9, 2026
                                    Akbar
                                                                                          (Madan Pal Singh,J.)




Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad


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