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2025 DAILYLAW 141726 (ALL)

MOHD. AKHTAR v. STATE OF U.P. THRU. SECY. HOME LKO.and ORS.

CRLP/21471/2021 · 2025-08-01

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44763 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 21471 of 2021 Petitioner :- Mohd. Akhtar Respondent :- State Of U.P. Thru. Secy. Home Lko.And Ors. Counsel for Petitioner :- Ajmal Khan,Prabhat Kumar Mishra,Prem Prakash Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Case called out in revised list. No one has put in appearance on behalf of the petitioner to press this petition. However, learned State Counsel is present. 2. On 04.02.2022 this Court passed the following order:- "Due to Covid-19 pandemic, the matter is take up through Video Conferencing. As prayed by learned counsel for the petitioner, list in the week commencing 7.3.2022. Meanwhile, learned A.G.A. may file counter affidavit/objection, if any." 3. On 18.07.2025 the following order was passed:- "Learned counsel for the petitioner is reported to be ill. In the interest of justice, the case is adjourned for the day. List/put up this case in the first week of Aug, 2025. It is made clear that on the next date of listing, the case would not be adjourned on any ground including illness/out of station/sanctioned leave of petitioner's counsel and appropriate orders would be passed in first call even in absence of petitioner's counsel. It is in view of the fact the instant matter relates to the year 2021." 4. 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 2021. 5. 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). 6. 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. 7. 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 :- 1.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench