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Allahabad High Court

AKASH SAINIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for want of prosecution.

Summary

Akash Saini filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. No counsel appeared on his behalf to press the application, although the learned Additional Government Advocate was present. The court noted the absence of representation for the applicant and, consequently, dismissed the application for want of prosecution. The order was pronounced on 12 August 2025 by Justice Sanjay Kumar Pachori. No substantive merits of the application were considered due to procedural default.

Issues considered

  • Whether the application under Section 528 can proceed in the absence of counsel for the applicant

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 528
  • application dismissal
  • want of prosecution
  • procedural default

Judgment

                                        Court No. - 74

                                        Case :- APPLICATION U/S 528 BNSS No. - 29544 of 2025

                                        Applicant :- Akash Saini
                                        Opposite Party :- State of U.P. and Another
                                        Counsel for Applicant :- Ashish Pandey
                                        Counsel for Opposite Party :- G.A.

                                        Hon'ble Sanjay Kumar Pachori,J.

                                        List of fresh cases has been revised. None is present on behalf of
                                        the applicant to press this application.

                                        However, learned A.G.A. is present.

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

                                        Order Date :- 12.8.2025
                                        Ishan




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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