Allahabad High Court
FAHAD MUSTAFAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application is dismissed for want of prosecution.
Summary
The applicant, Fahad Mustafa, filed an application under Section 528 of the BNSS Act before the Allahabad High Court. The applicant’s counsel, Mohd. Naushad Ahmad Khan, was not present on the scheduled date of 20‑04‑2026, nor on the subsequent date. The State’s counsel, G.A., appeared before the court. The court noted the absence of the applicant’s representation and observed that no steps had been taken to prosecute the application. Consequently, the court dismissed the application for want of prosecution. The order was pronounced by Hon’ble Justice Chawan Prakash on 7 May 2026.
Issues considered
- Whether an application under Section 528 of the BNSS Act can be dismissed for want of prosecution when the applicant fails to appear before the court.
Legislation cited
- BNSS Act — s. 528
Subjects
- Section 528
- BNSS Act
- want of prosecution
- application dismissal
- high court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49897 of 2025
Fahad Mustafa
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Naushad Ahmad Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Case called out in revised list. None present for the applicant. Learned
A.G.A. for the State is present.
2. On 20.04.2026, no one was present on behalf of the applicant and even
today no one is present on his behalf.
3. The application is dismissed for want of prosecution.
(Chawan Prakash,J.)
May 7, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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