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2025 DAILYLAW 139374 (ALL)

MAHENDRA PRATAP SINGH and ANR. v. ADDITIONAL SESSION JUDGE VI COURT NO.9 FAIZABAD and 3 ORS.

CRLP/1005079/2005 · 2025-07-25

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42821 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 1005079 of 2005 Petitioner :- Mahendra Pratap Singh And Anr. Respondent :- Additional Session Judge Vi Court No.9 Faizabad And 3 Ors. Counsel for Petitioner :- Abdul Rafey Siddiqui,R R Dwivedi,Rana Mritiunjay Singh,Shatrughna Yadav,Shiwa Sagar Singh Counsel for Respondent :- G.A.,D.N.Dubey,D.P. Dwivedi,Digvijay Nath Dubey Hon'ble Saurabh Lavania,J. 1. Case called out in revised list. No one has put in appearance on behalf of the petitioners to press this petition. However, learned AGA is present in the Court. 2. It appears that the petitioners and the counsel engaged by them have lost the interest in the case and are not interested in pursuing the petition, which is pending since 2005. 3. It would be appropriate to refer two maxims:- (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). 4. 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. 5. 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. Order Date :- 25.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench