Mobin Ahmad Jethu Vs State of U.P. Thru Prin. Secy. Home U.P. Civil Sectt. andORS

Neutral Citation No. - 2024:AHC-LKO:79735

Court No. - 12

Case :- CRIMINAL MISC. WRIT PETITION No. - 1000005 of 2013

Petitioner :- Mobin Ahmad Jethu Respondent :- State Of U.P. Thru Prin. Secy. Home U.P. Civil Sectt. Andors Counsel for Petitioner :- Himanshu Raghave Counsel for Respondent :- Govt. Advocate,Illigible,Shiwa Kant Tiwari,Vishwa Mohni Srivastava

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Hon'ble Saurabh Lavania,J.

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Case called out. No one appeared on behalf of the petitioner to press this petition. However, learned AGA is present in the Court.

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It appears that the petitioner and the counsel engaged by him have lost the interest in the case and are not interested in pursuing the petition, which is pending since 2013.

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It would be appropriate to refer two maxims:-

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(i) Vigilantibus non dormientibus jura subveniunt (The law assists only those who are vigilant, and not those who sleep over their rights); and

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(ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the litigation must come to an end).

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The above said two maxims are sister provisions, which would highlight and spotlight that the party seeking remedy before the Court should be vigilant, otherwise, the law would not come to their help and there should be end to litigation.

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Considering the aforesaid, this Court feels that the petition should not be disposed of on merits and should be dismissed for non-prosecution. Accordingly, it is dismissed for nonprosecution. Interim order, if any, stands vacated.

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Order Date :- 2.12.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Mobin Ahmad Jethu v. State of U.P. Thru Prin. Secy. Home U.P. Civil Sectt. andORS

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Mobin Ahmad Jethu v. State of U.P. Thru Prin. Secy. Home U.P. Civil Sectt. andORS

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