Allahabad High Court
AJAY PRAKASH TRIPATHI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
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
- Code of Criminal Procedure, 1973 — s. 528
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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