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Allahabad High Court

NADEEM KHAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for non‑prosecution and the interim order, if any, is vacated.

Summary

The applicants, Nadeem Khan and another, were given a two‑week extension on 13 May 2025 to file a rejoinder affidavit in an application under Section 528 of the BNSS. They failed to file the affidavit despite seeking leave on 26 May 2026 due to personal difficulty, and the matter was adjourned for final disposal on 8 July 2026. On the scheduled hearing, no counsel appeared for the applicants despite repeated calls. The court therefore dismissed the application for non‑prosecution and vacated any interim order that had been in force.

Issues considered

  • What is the appropriate consequence when an applicant fails to appear and file a required rejoinder affidavit despite being granted an extension?

Subjects

  • procedural law
  • non‑prosecution
  • dismissal
  • interim order vacated
  • Section 528

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 32742 of 2025

                                    Nadeem Khan And Another
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)      : Sanjeev Kumar Singh
                                    Counsel for Opposite Party(s) : Chandan Yadav, Dipanshu Kushwaha,
                                                                    G.A., Satyam Mishra, Sharad Yadav

                                    Court No. - 82
                                                           HON'BLE HARVIR SINGH, J.

                                    1. On 13.05.2025, two weeks’ and no further time was granted to learned
                                    counsel for the applicants to file rejoinder affidavit. Thereafter, on
                                    26.05.2026, learned arguing counsel sought leave of the Court on account
                                    of some personal difficulty; however, the rejoinder affidavit could not be
                                    filed. The matter was thereafter adjourned for final disposal and was fixed
                                    for hearing on 08.07.2026.

                                    2. Today, despite repeated calls, none has appeared on behalf of the
                                    applicants.

                                    3. Hence, the application is dismissed for non-prosecution.

                                    4. Interim order, if any, stands vacated.



                                                                                             (Harvir Singh,J.)
                                    September 9, 2026
                                    Mini




Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad


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