Allahabad High Court
ABHINAVversusState of UP AND 4 OTHERS
- Decided
Holding
The writ petition is dismissed as infructuous.
Summary
Petitioner Abhinav filed a criminal miscellaneous writ petition challenging a chargesheet, having already contested the same chargesheet before the appropriate court under the relevant statutory provision. The petitioner later expressed that he no longer wished to pursue the writ petition. The learned Additional Government Advocate argued that the writ petition had become infructuous. The High Court examined whether the petition remained maintainable after the petitioner’s earlier remedy and his expressed intention to withdraw. Finding the petition to be infructuous, the Court dismissed it.
Issues considered
- Whether a writ petition remains maintainable after the petitioner has availed the appropriate statutory remedy and indicates a desire not to pursue the writ.
- Whether the writ petition is infructuous and can be dismissed on that ground.
Subjects
- writ petition
- chargesheet
- infructuous
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18274 of 2024
Abhinav
.....Petitioner(s)
Versus
State Of Up And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhiraj Kumar Pandey
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE AVNISH SAXENA, J.
Shri Abhishek Kumar Yadav, holding brief of learned counsel
for the petitioner submits that a chargesheet has been filed in the
instant case. The petitioner has already availed his legal remedy
of assailing the chargesheet before the competent court under the
appropriate provision of BNSS. The petitioner does not wish to
press the writ petition.
The learned AGA submits that the writ petition has become
infructuous.
The writ petition is accordingly dismissed.
(Avnish Saxena,J.) (Ajay Bhanot,J.)
February 23, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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