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Allahabad High Court

AVINASH MISHRAversusRAJA BABU

Decided

Holding

The application is dismissed for want of prosecution.

Summary

Avinash Mishra filed an application under Section 528 of the B.N.S.S. against Raja Babu. No counsel appeared on behalf of the applicant to press the application, although the learned Additional Government Advocate was present. The court noted the lack of prosecution of the application. Consequently, the High Court dismissed the application for want of prosecution. The dismissal was recorded on May 6, 2026, by Justice Deepak Verma.

Issues considered

  • Whether an application under Section 528 B.N.S.S. can be dismissed for want of prosecution?

Legislation cited

Subjects

  • Section 528
  • Application dismissal
  • Want of prosecution
  • High Court
  • Civil Procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 45607 of 2025

                                    Avinash Mishra
                                                                                               .....Applicant(s)
                                                                        Versus

                                    Raja Babu
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Ali Qambar Zaidi, Mohammad Danish
                                    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 applicant 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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