Dismissed¶¶17

Mohd. Wahid Khan v. Additional Sessions Judge Balrampur and 3 Ors.

Allahabad HC4 Nov 2025CRLP/1005587/2004

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow), Criminal Misc. Writ Petition No. 1005587 of 2004, Mohd. Wahid Khan v. Additional Sessions Judge Balrampur & 3 Ors, decided November 4, 2025 by Saurabh Lavania, J.: petition pending since 2004 dismissed for non-prosecution after non-appearance by petitioner and counsel; maxims on vigilance and end to litigation invoked; interim order, if any, vacated; no statutes or precedents cited.

What did the court decide?

The Court held that the petition should not be disposed of on merits and should be dismissed for non-prosecution. ¶¶17

Mohd. Wahid Khan Vs Additional Sessions Judge Balrampur and 3 Ors. — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 1005587 of 2004

Mohd. Wahid Khan

.....Petitioner(s)

Versus

Additional Sessions Judge Balrampur And 3 Ors

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s) : R.C Mishra, Mohd Murtaza Khan
Counsel for Respondent(s) : C.S.C

¶9

Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

¶11

Case called out in revised list. No one has put in appearance on behalf of the petitioner(s) to press this petition. However, learned A.G.A. is present in the Court.

¶12

It appears that the petitioner(s) and the counsel engaged by the petitioner(s )both have lost the interest in the case and are not interested in pursuing the petition, which is pending since 2004.

¶13

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.

¶17

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 non-prosecution. Interim order, if any, stands vacated.

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November 4, 2025

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Jyoti/-

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(Saurabh Lavania,J.)

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Wahid Khan v. Additional Sessions Judge Balrampur and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mohd. Wahid Khan v. Additional Sessions Judge Balrampur and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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