DURGA PRASAD DUBEY v. SESSION JUDGE GONDA and OTHERS
Court: Allahabad High Court
Bench: SAURABH LAVANIA
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-11. DURGA PRASAD DUBEY v. SESSION JUDGE GONDA and OTHERS. Read the judgment and case details on LawSphereX.
Judgment text
Neutral Citation No. - 2024:AHC-LKO:82780 Court No. - 12 Case :- CRIMINAL MISC. WRIT PETITION No. - 17247 of 2018 Petitioner :- Durga Prasad Dubey Respondent :- Session Judge Gonda And Others Counsel for Petitioner :- Hari Nath Singh,Anumesh Mishra,Karnika Singh Counsel for Respondent :- Govt. Advocate,Kunwar Bahadur Singh Hon'ble Saurabh Lavania,J. 1. Case called out. No one has put in appearance on behalf of the petitioner to press this petition. However, learned counsel representing side opposite is present in the Court. 2. 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 2018. 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 :- 11. 12. 2024 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
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