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Allahabad High Court

AJAY PRAKASH TRIPATHI AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed in default and the interim order is vacated.

Summary

The applicants, Ajay Prakash Tripathi 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, while counsel for the State of U.P. was present. The Court dismissed the application in default due to the applicants' non‑appearance. Consequently, any interim order that had been granted earlier was vacated. The judgment was delivered by Justice Madan Pal Singh on 8 September 2026.

Issues considered

  • Whether the application under Section 528 of the CrPC should be entertained in the absence of the applicants' appearance
  • Whether the Court may dismiss the application in default
  • Whether the previously granted interim order should be vacated

Legislation cited

Subjects

  • Criminal Procedure
  • Section 528
  • default dismissal
  • interim order vacated
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 2656 of 2026

                                    Ajay Prakash Tripathi And Another
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Pramod Kumar Pandey, Shashi Prakash
                                                                    Misra
                                    Counsel for Opposite Party(s) : G.A., Jitendra Kumar Srivastava

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

                                    1. List revised. None appears on behalf of the applicants.

                                    2. Sri Jitendra Kumar Srivastava, learned counsel for the opposite party
                                    no.2 is present.

                                    3. The application is dismissed in default.

                                    4. Interim order, if any, stands vacated.



                                                                                         (Madan Pal Singh,J.)
                                    September 8, 2026
                                    pks




Digitally signed by :-
PANKAJ KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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