Allahabad High Court
AADITYA JAIN @ SUNNY JAINversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 CrPC is dismissed for want of prosecution due to the applicant's non‑appearance.
Summary
The applicant, Aaditya Jain, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. The application was listed before Hon'ble Justice Sanjay Kumar Pachori. No representative of the applicant appeared even after the revised call, while the learned Additional Government Advocate for the State was present. The court observed that the applicant had not prosecuted the application. Consequently, the court dismissed the application on the ground of want of prosecution. The order was pronounced 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
- Code of Criminal Procedure, 1973 — s. 528
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. - 29388 of 2026
Aaditya Jain @ Sunny Jain
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kandarp Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
None is present for the applicant even in the revised call. However,
learned AGA for the State-respondent is present.
The present application is dismissed for want of prosecution.
(Sanjay Kumar Pachori,J.)
September 8, 2026
v.k. updh.
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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