Allahabad High Court
MUKUT SINGHversusSTATE OF U.P.
- Decided
- Bench
- VANI RANJAN AGRAWAL
Holding
An appeal becomes infructuous and may be withdrawn when the appellant has already been acquitted by the trial court.
Summary
The appellant Mukut Singh had been acquitted by the trial court on 16 January 2023. Subsequently, an appeal was filed before the Allahabad High Court. The appellant's counsel moved a withdrawal application, arguing that the appeal was now infructuous due to the acquittal. The State's counsel raised no objection to the withdrawal. The High Court allowed the withdrawal application and dismissed the appeal as withdrawn.
Issues considered
- Whether an appeal can be withdrawn after the appellant has been acquitted by the trial court
Subjects
- withdrawal of appeal
- acquittal
- criminal procedure
- high court
- appeal dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 340 of 1994
Mukut Singh
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Manoj Gautam, S.S. Yadav
Counsel for Respondent(s) : A.G.A.
Court No. - 93
HON'BLE MRS. VANI RANJAN AGRAWAL, J.
Ref:- Criminal Misc. Withdrawal Application No.3 of 2026:-
1. Heard Ms. Abhilasha, learned counsel holding brief of Sri Krishna Mohan
Rai, learned counsel for the appellant and Sri Rahul Asthana, learned A.G.A.
for the State respondent.
2. Learned counsel for the appellant submits that the appellant has already
been acquitted vide judgement and order dated 16.1.2023 passed by the
learned trial Court (a copy of said order is annexed as annexure No.1 to this
application) and now this matter has become infructuous due acquittal of the
appellant by the learned trial Court. Thus, she prayed that this appeal may be
dismissed as withdrawn.
3. Learned A.G.A. raised no objection to the prayer made by learned
counsel for the appellant.
4. In this view of the matter, the withdrawal application is allowed.
Consequently, the appeal is dismissed as withdrawn.
March 28, 2026
Dev
(Mrs. Vani Ranjan Agrawal,J.)
Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad
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