Allahabad High Court
BHAIRAM YADAV AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as it is rendered infructuous by the filing of the charge‑sheet and the taking of cognizance.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the proceedings against them. During the hearing, counsel for the petitioners informed the court that the investigation had been completed, a charge‑sheet had been filed, and the magistrate had taken cognizance of the offence. The respondent’s counsel could not dispute these facts. The court held that because the criminal proceedings were already underway, the writ petition could no longer provide any relief and was therefore rendered infructuous. Consequently, the writ petition was dismissed.
Issues considered
- What is the effect of a pending charge‑sheet and cognizance on the maintainability of a criminal miscellaneous writ petition?
Subjects
- writ petition
- criminal procedure
- charge sheet
- cognizance
- dismissal
- infructuous
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16702 of 2026
Bhairam Yadav And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Srivastava, Sabana
Azami
Counsel for Respondent(s) : G.A., Hira Lal
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. At the very outset, Ms. Sabana Azami, learned counsel for the
petitioners has made a statement at the Bar that in the instant case, the
investigation has already been concluded and a charge-sheet has been
forwarded against the petitioners upon which cognizance has also been
taken by the learned Magistrate, as such this writ petition has been
rendered infructuous.
2. Learned AGA could not dispute the aforesaid fact.
3. This writ petition is dismissed as having been rendered infructuous
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
September 9, 2026
R
Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad
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