SURENDRA PRAKASH TIWARI v. ADDL. DISTT.and SESSION JUDGE COURT NO. 6 FAIZABAD and 2 ORS.
CRLP/29475/2016 · 2025-12-01
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[ 2025 DAILYLAW 174697 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174697 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 29475 of 2016 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Vide order dated 24.7.2025, this Court passed following order :-
"Taking note of the earlier order of this Court as also the fact that the illness slip has been given by learned counsel for the petitioner to get the case adjourned, case is adjourned for the day. List this case on 29th July, 2025. It is made clear that on the next date of listing, the case would not be adjourned on any ground including illness/sanctioned leave/out of station of the counsel for the petitioner and appropriate orders would be passed in the case in first call even in the absence of counsel for the petitioner(s)."
2. Case called out. No one has put in appearance on behalf of the petitioner to press this petition. However, Shri Badrul Hasan, learned A.G.A. for the State and Shri Vivek Raghuvanshi, learned counsel for the opposite party No.3 are present. 3. 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 2016. 4. It would be appropriate to refer two maxims:- (i) Vigilantibus non dormientibus jura subveniunt (The law assists only Versus Counsel for Petitioner(s) : Upendra Singh, Sukhveer Singh Counsel for Respondent(s) : Pradeep Kumar Srivastava, Abhishek Pandey, Gauri Shankar Maurya, Krishna Dutt Tripathi, Vivek Raghubanshi Surendra Prakash Tiwari .....Petitioner(s) Addl. Distt.And Session Judge Court No. 6 Faizabad And 2 Ors. .....Respondent(s)
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). 5. 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. 6. 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. 7. Interim order, if any, stands vacated.
December 1, 2025 ML/- CRLP No. 29475 of 2016 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench