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Allahabad High Court

JAMEEL ANSARI AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for want of prosecution due to the petitioners' failure to appear.

Summary

The petitioners, Jameel Ansari and another, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. Their counsel was Abdul Saleem Ahamad, while the State was represented by G.A. The petitioners failed to appear even after a revised call. The learned Additional Government Advocate for the State was present. The Court, noting the absence of the petitioners, dismissed the application for want of prosecution. The order was pronounced by Justice Sanjay Kumar Pachori on September 8, 2026.

Issues considered

  • What is the appropriate course of action when an applicant fails to appear for a hearing of an application under Section 528 CrPC?

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 528
  • application dismissal
  • want of prosecution
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 29359 of 2026

                                    Jameel Ansari And Another
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                    :   Abdul Saleem Ahamad
                                    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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