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Allahabad High Court

JAGATVIRversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as infructuous because the trial court proceedings have been concluded.

Summary

The petitioners, Jagatvir, filed a petition under Article 227 of the Constitution challenging the proceedings of a trial court. The petition was listed as likely to be infructuous. An office report dated 05‑09‑2026 indicated that the trial court proceedings from which the petition arose had been concluded. Accordingly, the High Court held that the petition had become infructuous and could not be entertained. The Court dismissed the petition, noting that any surviving cause of action could be pursued through a fresh application for recall of the order. The judgment was delivered on 29‑September‑2026 by Justice Yogendra Kumar Srivastava.

Issues considered

  • Whether a petition filed under Article 227 remains maintainable after the trial court proceedings it challenges have been concluded

Subjects

  • Article 227
  • infructuous petition
  • High Court of Allahabad
  • procedural dismissal
  • trial court concluded

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 5311 of 2016

                                    Jagatvir
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)           :    Rama Shankar Mishra
                                    Counsel for Respondent(s)           :    G.A., Pradeep Kumar Bhardwaj

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Present petition has been listed under the heading 'cases likely to be
                                    infructuous'.

                                    Office report dated 05.09.2026 indicates that the proceedings before the
                                    trial Court out of which present petition has arisen have been concluded
                                    and in view thereof, the petition has become infructuous.

                                    The petition is, accordingly, dismissed.

                                    It is, however, observed that in the event any cause of action still survives,
                                    it shall be open to the party concerned to move an appropriate application
                                    seeking recall of this order.



                                                                            (Dr. Yogendra Kumar Srivastava,J.)
                                    September 29, 2026
                                    Imroz




Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad


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