The petitioner failed to appear to press the criminal miscellaneous writ petition filed in 2016. The court refused a hearing on merits and dismissed the petition for non-prosecution based on legal maxims regarding vigilant claimants and ending litigation.
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Neutral Citation No. - 2024:AHC-LKO:81609
Court No. - 12
Case :- CRIMINAL MISC. WRIT PETITION No. - 52 of 2016
Petitioner :- Shiv Sagar Respondent :- State Of U.P And Anr Counsel for Petitioner :- Panna Lal Gupta,Uma Shanker Counsel for Respondent :- G.A
Hon'ble Saurabh Lavania,J.
(i) Vigilantibus non dormientibus jura subveniunt (The law assists only those who are vigilant, and not those who sleep over their rights); and
(ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the litigation must come to an end).
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.
Order Date :- 6.12.2024 Mohit Singh/-
Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench
Shiv Sagar
State Of U.P And Anr
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
