Allahabad High Court
KUSAMA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed as infructuous.
Summary
The petitioners, Kusama and another, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging actions of the State of U.P. and others. After the investigation concluded, the petitioners submitted that no incriminating evidence was found against petitioner No.2 and a final report had been filed. They expressed that they no longer wished to pursue the writ petition, rendering it infructuous. The Court considered the petitioners’ request to withdraw. Accordingly, the Court dismissed the writ petition as infructuous. The dismissal effectively closed the proceedings without any substantive order on the merits.
Issues considered
- Whether a criminal miscellaneous writ petition can be dismissed as infructuous when the petitioners themselves seek to withdraw it?
Subjects
- writ petition
- criminal miscellaneous
- infructuous
- withdrawal
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 15035 of 2026
Kusama And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Bharti, Kamlesh Prasad
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
Shri Akhilesh Bharti, learned counsel for the petitioners submits
that after the conclusion of investigation, no incriminating
evidence has been found against petitioner No.2 and a final
report has been submitted against the petitioner No.2 in the
instant case. Petitioners do not wish to press the writ petition.
The writ petition has become infructuous.
The writ petition is accordingly dismissed.
(Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
September 17, 2026
Ashish Tripathi
Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad
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