Allahabad High Court

SUMIT KUMAR SINGHversusState of UP AND 2 OTHERS

Decided: 26 February 2026
Bench: AJAY BHANOT AVNISH SAXENA

Holding

The writ petition was dismissed as infructuous because the petitioner no longer wished to press it.

Summary

The petitioner, Sumit Kumar Singh, filed Criminal Miscellaneous Writ Petition No. 15542 of 2024 challenging a chargesheet filed against him. He had already contested the chargesheet under Section 528 of the BNSS and subsequently expressed that he did not wish to pursue the writ petition. The respondents, the State of Uttar Pradesh and two others, through their Additional Government Advocate, argued that the writ petition had become infructuous. The Court examined whether the petition could continue despite the petitioner's withdrawal. Finding that the petitioner no longer sought relief and that the matter was already being addressed under the criminal procedure, the Court held the petition to be infructuous. Accordingly, the writ petition was dismissed.

Issues considered

Whether a criminal miscellaneous writ petition becomes infructuous when the petitioner withdraws his request for relief after having challenged the chargesheet under Section 528 BNSS.

Legislation cited

BNSS — s. 528

Subjects

writ petition
criminal procedure
chargesheet
withdrawal
infructuous
dismissal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 15542 of 2024

                                    Sumit Kumar Singh
                                                                                           .....Petitioner(s)
                                                                     Versus

                                    State Of Up And 2 Others
                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)     : Ankit Kumar Singh
                                    Counsel for Respondent(s)     : Dharmala Yadav, G.A., Sukesh Kumar

                                    Court No. - 49
                                                        HON'BLE AJAY BHANOT, J.
                                                        HON'BLE AVNISH SAXENA, J.

                                    Ankit Kumar Singh, learned counsel for the petitioner submits
                                    that a chargesheet has been filed in the instant case and the
                                    petitioner has already availed his legal remedies of assailing the
                                    chargesheet under Section 528 BNSS. The petitioner does not
                                    wish to press the writ petition.

                                    Learned AGA contends that the writ petition has become
                                    infructuous.

                                    The writ petition is accordingly dismissed.


                                                                      (Avnish Saxena,J.) (Ajay Bhanot,J.)
                                    February 27, 2026
                                    Dhananjai




Digitally signed by :-
DHANANJAI
High Court of Judicature at Allahabad

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