Allahabad High Court
VINAY KUMAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 B.N.S.S. is dismissed for want of prosecution due to the applicant's failure to appear.
Summary
The applicants, Vinay Kumar and three others, filed an application under Section 528 of the B.N.S.S. before the Allahabad High Court. No counsel appeared on behalf of the applicants to press the application. The learned Additional Government Advocate (AGA) was present in court. The presiding judge noted the absence of the applicants' representation. Consequently, the court dismissed the application for want of prosecution. The dismissal was recorded on May 6, 2026.
Issues considered
- Whether an application under Section 528 B.N.S.S. can be entertained in the absence of the applicant's appearance or representation?
Legislation cited
- B.N.S.S. — s. 528
Subjects
- Section 528
- B.N.S.S.
- application dismissed
- want of prosecution
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 45570 of 2025
Vinay Kumar And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. List revised.
2. None appeared on behalf of the applicants to press this Application u/s
528 B.N.S.S.
3. Learned AGA is present.
4. Hence, the application u/s 528 B.N.S.S. is dismissed for want of
prosecution.
(Deepak Verma,J.)
May 6, 2026
SKD
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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