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Allahabad High Court

ROHIT KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for want of prosecution.

Summary

Rohit Kumar filed an application before the Allahabad High Court under Section 528 of the Negotiable Instruments Act. The applicant’s counsel, Ankit Srivastava and Ch. Dil Nisar, failed to appear despite a revised call. Only the learned brief holder for the State, Shri Puspraj Singh, was present. The Court noted the absence of any representation for the applicant and held that the proceeding could not continue. Consequently, the application was dismissed for want of prosecution.

Issues considered

  • Whether the application filed under Section 528 of the Negotiable Instruments Act should be dismissed for want of prosecution?

Legislation cited

Subjects

  • Section 528
  • Negotiable Instruments Act
  • dismissal for want of prosecution
  • application
  • High Court
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 29790 of 2026

                                    Rohit Kumar
                                                                                                .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)             :   Ankit Srivastava, Ch. Dil Nisar
                                    Counsel for Opposite Party(s)        :   G.A.

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

                                    Even after revised call, none has appeared on behalf of the applicant,
                                    however, Shri Puspraj Singh, learned Brief Holder for the State is present.

                                    Accordingly, present application stands dismissed for want of
                                    prosecution.



                                                                                    (Sanjay Kumar Pachori,J.)
                                    September 9, 2026
                                    KJ




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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