Allahabad High Court
JITENDRA DHAR DWIVEDI AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as it has become infructuous following the filing of the charge-sheet.
Summary
The petitioners, Jitendra Dhar Dwivedi and four others, filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief against the State of U.P. and others. During the pendency of the petition, the investigating agency filed a charge-sheet in the underlying criminal case. Counsel for the petitioners argued that the filing of the charge-sheet rendered the writ petition infructuous. The Court examined whether a writ petition remains maintainable after a charge-sheet is filed. Finding that the substantive criminal proceedings had commenced, the Court held that the petition could no longer be entertained. Consequently, the writ petition was dismissed as infructuous.
Issues considered
- What is the effect of filing a charge-sheet on the maintainability of a pending criminal miscellaneous writ petition?
Subjects
- writ petition
- criminal miscellaneous
- infructuous
- charge-sheet
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 17306 of 2025
Jitendra Dhar Dwivedi And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Kumar Yadav, Shiv Ram Dubey
Counsel for Respondent(s) : Dileep Kumar Srivastava, G.A.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Sri Shiv Ram Dubey, learned counsel for the petitioners, submits that the writ
petition has become infructuous in view of the filing of the charge-sheet in the case.
2. Accordingly, the writ petition is dismissed as having become infructuous.
September 28, 2026
vijay krishna
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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