Brijesh Kumar v. State of U.P. Thru Secy.Home Deptt.Civil Sectt.Lucknow andANR.
Criminal Miscellaneous Writ Petition – non-prosecution
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Court No. 12); Criminal Misc. Writ Petition No. 13877 of 2016, Brijesh Kumar v. State of U.P. & Anr.; decided 6.12.2024 by Saurabh Lavania, J.; dismissed for non-prosecution as neither petitioner nor counsel appeared and both had lost interest; no decision on merits; interim order, if any, vacated; no statute or precedent discussed.
What did the court decide?
Since neither the petitioner nor his counsel appeared and both had lost interest in pursuing the petition, the petition should not be decided on merits but dismissed for non-prosecution, having regard to the maxims Vigilantibus non dormientibus jura subveniunt and Interest reipublicae ut sit finis litium; accordingly the petition was dismissed for non-prosecution and any interim order stood vacated. ¶4