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Allahabad High Court

MAHAVEER SINGH AND 9 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The application is dismissed for want of prosecution.

Summary

The applicants Mahaveer Singh and nine others filed an application under Section 528 of the Code of Criminal Procedure (BNSS No. 29312 of 2026) before the Allahabad High Court. No counsel appeared on behalf of the applicants at the revised call, while the State’s A.G.A. was present. The Court observed that the applicants failed to prosecute the application. Consequently, the Court dismissed the application for want of prosecution. The order was pronounced on 8 September 2026 by Justice Sanjay Kumar Pachori.

Issues considered

  • Whether an application under Section 528 can proceed when the applicants do not appear for prosecution?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 528
  • Application Dismissal
  • Want of Prosecution
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 29312 of 2026

                                    Mahaveer Singh And 9 Others
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 2 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Irshad Saifi, Rukme Alam, Rupesh
                                                                    Kumar Singh
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 77
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    None appears for the applicants even in the revised call, however, learned
                                    A.G.A. for the State is present.

                                    In view of above, present application is dismissed for want of prosecution.

                                    September 8, 2026
                                    T. Sinha
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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