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Allahabad High Court

RAJENDRA SINGH ASWAL AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed for want of prosecution.

Summary

The applicants, Rajendra Singh Aswal and another, filed an application under Section 528 of the Code of Criminal Procedure against the State of Uttar Pradesh and another respondent. Counsel for the applicants was Hemant Shukla, while the respondent was represented by G.A. The matter was listed before the Hon’ble Justice Deepak Verma in Court No. 74, but no party appeared to press the application. The learned Additional Government Advocate was present in court. The court dismissed the Section 528 application on the ground of want of prosecution. The judgment was delivered on 6 May 2026 and signed by Justice Deepak Verma.

Issues considered

  • Whether the application under Section 528 of the CrPC should be entertained despite lack of prosecution
  • Whether the court can dismiss the application for want of prosecution

Legislation cited

Subjects

  • Criminal Procedure
  • Section 528
  • Bail Application
  • Want of Prosecution
  • Application Dismissed

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 45776 of 2025

                                    Rajendra Singh Aswal And Another
                                                                                                 .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                        :    Hemant Shukla
                                    Counsel for Opposite Party(s)                   :    G.A.

                                    Court No. - 74
                                                          HON'BLE DEEPAK VERMA, J.

                                    Case called out in the revised list. None appears to press this application.

                                    Learned AGA is present.

                                    Accordingly, the present 528 BNSS application is dismissed for want of
                                    prosecution.



                                                                                             (Deepak Verma,J.)
                                    May 6, 2026
                                    Nitin Verma




Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad


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