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2025 DAILYLAW 173465 (ALL)

CHHABI RAJ PATEL v. SPL./ADDL. SESSION JUDGE RAI BAREILLY and ANR.

CRLP/1000505/2003 · 2025-11-04

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1000505 of 2003 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. 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. 2. 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 2003. 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). 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. 4. 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. November 4, 2025 Jyoti/- Versus Counsel for Petitioner(s) : D.K. Singh, M.C. Shukla, Rajendra Singh Counsel for Respondent(s) : Govt. Advocate, C.S.C., Dipak Seth (Saurabh Lavania,J.) Chhabi Raj Patel .....Petitioner(s) Spl./Addl. Session Judge Rai Bareilly And Anr. .....Respondent(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench