Allahabad High Court

DR.NEERAJ CHAUBEY INRE CRL.MISC.CASE NO.1880C/2002versusPROF.KUNJ BIHARI NAIK THROUGH DIRECTOR KNIT SULTANPUR

Decided: 12 January 2026
Disposal: Disposed off/Decided on merits
Bench: RAJAN ROY ABDHESH KUMAR CHAUDHARY

Holding

The Special Appeal was dismissed for non‑prosecution.

Summary

Dr. Neeraj Chaubey filed a Special Appeal (No. 101 of 2007) before the Allahabad High Court, Lucknow Bench, challenging a decision in Crl. Misc. Case No. 1880c/2002. The appellant appeared in person, but no response was filed on his behalf and no request for adjournment was made. The court observed that the appeal was not being prosecuted. Consequently, the Special Appeal was dismissed for non‑prosecution. The interim order previously granted was vacated.

Issues considered

Whether a Special Appeal can proceed in the absence of any prosecution or response by the appellant?

Subjects

Special Appeal
non‑prosecution
procedural default
appeal dismissal
interim order vacated

Judgment

                                        Court No. - 2

                                        Case :- SPECIAL APPEAL No. - 101 of 2007

                                        Appellant :- Dr.Neeraj Chaubey Inre Crl.Misc.Case
                                        No.1880c/2002
                                        Respondent :- Prof.Kunj Bihari Naik Through
                                        Director Knit Sultanpur
                                        Counsel for Appellant :- In Person
                                        Counsel for Respondent :- Lalit Shukla

                                        Hon'ble Devendra Kumar Upadhyaya,J.
                                        Hon'ble Saurabh Srivastava,J.

                                        List has been revised.

                                        Case called out.

                                        No one responds on behalf of the appellant;
                                        neither is there any prayer for adjournment of the
                                        case.

                                        Accordingly, the special appeal is dismissed for
                                        non-prosecution.

                                        Interim order, if any, granted earlier stands
                                        vacated.

                                        Order Date :- 14.12.2022
                                        Rahul




Digitally signed by RAHUL
TRIPATHI
Date: 2022.12.15 18:41:27 IST
Reason:
Location: High Court of Judicature at
Allahabad, Lucknow Bench

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