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Allahabad High Court

JAI SINGH RAI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for want of prosecution.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. No counsel appeared on behalf of the applicants to press the application, although the learned Additional Government Advocate was present. The court noted the absence of the applicants' representation. Consequently, the court dismissed the application for want of prosecution. The order was pronounced by Justice Sanjay Kumar Pachori on April 2, 2026.

Issues considered

  • Whether an application under Section 528 of the CrPC can be dismissed for want of prosecution when the applicant fails to appear.

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 528
  • application dismissal
  • want of prosecution
  • high court procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 39744 of 2025

                                    Jai Singh Rai And 2 Others
                                                                                               .....Applicant(s)
                                                                     Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)              :   Nalinish, Shailesh Upadhyay
                                    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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