Allahabad High Court
SANTOSH KUMAR DHANGARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application was dismissed for want of prosecution due to the applicant's non‑appearance.
Summary
An application under Section 528 of the Criminal Procedure Code was filed by Santosh Kumar Dhangar. Counsel for the applicant, Kamlesh Kumar Singh and Vivek Kushwaha, appeared, but the applicant himself was not present to prosecute the application. The learned Additional Government Advocate was present. The court observed that the applicant's absence amounted to a lack of prosecution and consequently dismissed the application. The order was pronounced on April 2, 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether an application under Section 528 can proceed in the absence of the applicant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- Criminal Procedure Code
- Application dismissed
- Want of prosecution
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35296 of 2025
Santosh Kumar Dhangar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamlesh Kumar Singh, Vivek Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 76
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.
April 2, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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