Allahabad High Court
AJAB SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application is dismissed and the interim protection order is vacated due to the applicants' failure to comply with the direction to file a supplementary affidavit.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking continuation of interim protection previously granted. The coordinating bench had directed the applicants to file a supplementary affidavit, which they failed to do despite receiving the interim order. On the date of hearing, neither the applicants nor their counsel appeared, and no supplementary affidavit was filed. The court held that non‑compliance with the bench's direction left it no option but to refuse the relief sought. Consequently, the application was dismissed and the interim protection order was vacated.
Issues considered
- Whether the applicants are entitled to continued interim protection under Section 528 when they have not complied with the direction to file a supplementary affidavit.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- interim protection
- supplementary affidavit
- non‑compliance
- application dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 22896 of 2026
Ajab Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Priti Singh
Counsel for Opposite Party(s) : G.A., Mahendra Yadav
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up in the date fixed category.
2. None appeared on behalf of either of the parties even in revised call.
3. In compliance of order dated 02.06.2026, no supplementary affidavit has
been preferred at the behest of applicants in spite of receiving interim
protection by the same order. When the matter has been taken up today,
neither learned counsel for applicants appeared, nor any supplementary
affidavit received which clearly shows that the applicant is enjoying the
interim protection without compliance of the direction as passed by co-
ordinate Bench for filing supplementary affidavit.
4. Once the direction has not been complied, this Court finds that there is no
option left but to refused the prayer sought through instant application.
5. Accordingly, the instant application is dismissed.
6. Interim order, if any, stands vacated.
September 30, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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