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Allahabad High Court

RAMADHAR AND 6 OTHESversusSTATE OF U.P. AND 2 OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The petition is dismissed as having become infructuous, and any interim order stands vacated.

Summary

The petitioners Ramadhar and six others filed a criminal miscellaneous writ petition in 2016 before the Allahabad High Court. The matter remained pending for several years and was listed again in a revised list. No counsel appeared on behalf of the petitioners to press the petition at the hearing. The court observed that, by reason of the lapse of time, the petition had become infructuous and the parties appeared to have lost interest in pursuing it. Consequently, the court dismissed the petition as infructuous and vacated any interim order that might have been in force. The order was dated 10 July 2025.

Issues considered

  • Whether a writ petition pending for an extended period without any representation becomes infructuous.
  • Whether the court may vacate an interim order when the main petition is dismissed as infructuous.

Subjects

  • infructuous petition
  • procedural delay
  • high court
  • criminal miscellaneous writ
  • vacated interim order

Judgment

                                                                                    Neutral Citation No. - 2025:AHC:110998


                                        Court No. - 79

                                        Case :- CRIMINAL MISC. WRIT PETITION No. - 11701 of 2016

                                        Petitioner :- Ramadhar And 6 Othes
                                        Respondent :- State Of U.P. And 2 Others
                                        Counsel for Petitioner :- Bipin Lal Srivastava,Radha Krishna
                                        Chaurasia,Siddhartha Varma (Elevated),Vinayak Varma
                                        Counsel for Respondent :- Akhila Nand Pandey,Arvind Kumar
                                        Singh,Babhru Vahan Singh,G.A.,Rajendra Kumar

                                        Hon'ble Prashant Kumar,J.

                                        1.This matter is pending since 2016.

                                        2. Case called out in revised list. No one is present on behalf
                                        of petitioners to press this petition.

                                        3. It appears that by efflux of time, the petition filed by the
                                        petitioners has become infructuous or the parties have lost
                                        interest to contest the same.

                                        4. Accordingly, the instant petition is dismissed as having
                                        become infructuous. Interim order, if any, stands vacated.

                                        Order Date :- 10.7.2025
                                        Bhanu




Digitally signed by :-
BHANU PRATAP KUSHWAHA
High Court of Judicature at Allahabad


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