Ishhaque Mohammad and Others v. State of U.P. Thru. Sub Divisional Magistrate Kheri and Others

Court No. - 12 Case :- CRIMINAL MISC. WRIT PETITION No. - 14422 of 2018 Petitioner :- Ishhaque Mohammad And Others Respondent :- State Of U.P. Thru. Sub Divisional Magistrate Kheri And Others Counsel for Petitioner :- Girish Kumar Kannojia Counsel for Respondent :- Govt. Advocate,Jitendra Prakash Mishra Hon'ble Saurabh Lavania,J.

¶1Case called out. No one has put in appearance on behalf of the petitioners to press this petition. However, learned A.G.A. for the State/opposite party No.1 as well as Shri Jitendra Prakash Mishra, learned counsel for opposite party Nos. 2 to 4 are present.

¶2It 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 2018.

¶3It 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).

¶4The 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.

¶5Considering 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.

¶6Interim order, if any, stands vacated. Order Date :- 20.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench