In a criminal miscellaneous writ petition, the High Court dismissed the appeal for want of prosecution. The petitioner was absent when the matter was listed, despite representation by counsel.
Writ petition dismissed for want of prosecution
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Neutral Citation No. - 2023:AHC:179954-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 8538 of 2023
Petitioner :- Mukesh Alias Mukesh Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A,Raj Kumar Singh
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
None appears for the petitioners when the matter is taken up in the revised list. Sri Raj Kumar Singh for the informant in present.
We have perused the First Information Report dated 22.01.2023 which prima facie contains allegation with regard to outraging the modesty of the informant and various other allegations.
Since prima facie allegation with regard to commissioning of cognizable offence is made out and none has otherwise appeared on behalf of petitioners, we dismiss the writ petition for want of prosecution.
Order Date :- 18.9.2023 RA
Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition stands dismissed for want of prosecution when respondent appeared for the informant but petitioner appeared through counsel for personal appearance.
Mukesh Alias Mukesh Yadav
State Of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
As recorded by the court registry
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