Allahabad High Court
KRISHNA MOHAN SHUKLA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Disposal
- DISMISSED AS NOT PRESSED
Holding
An application under Section 528 BNSS is dismissed if the applicant fails to appear, as it constitutes want of prosecution.
Summary
The applicants, Krishna Mohan Shukla and three others, filed an application under Section 528 of the BNSS against the State of U.P. and another party. The applicants failed to appear before the court on the original date and also on the revised call dated 28 April 2025. The learned Additional Government Advocate for the State was present, but no counsel for the applicants appeared. The court noted the repeated non‑appearance of the applicants and held that the application could not proceed. Consequently, the application was dismissed for want of prosecution on 31 July 2025.
Issues considered
- Whether an application under Section 528 BNSS may be dismissed for want of prosecution when the applicant fails to appear before the court.
Legislation cited
- BNSS — s. 528
Subjects
- Section 528
- BNSS
- want of prosecution
- application dismissal
- court procedure
Judgment
Neutral Citation No. - 2025:AHC:129057
Court No. - 74
Case :- APPLICATION U/S 528 BNSS No. - 5757 of 2025
Applicant :- Krishna Mohan Shukla And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pankaj Kumar Gupta,Prashant Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Even in the revised call, none appeared for the applicants.
However, learned A.G.A. for the State is present.
Earlier on 28.4.2025 also learned counsel for the applicants was
not appeared even in the revised call.
The present application under Section 528 BNSS is dismissed for
want of prosecution.
Order Date :- 31.7.2025
Kpy
Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad
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