Allahabad High Court
ROSHAN ALI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as infructuous because of the lapse of time.
Summary
Roshan Ali and another filed a criminal miscellaneous writ petition before the Allahabad High Court against the State of Uttar Pradesh and two other respondents. The petitioner's counsel, Mohd. Naushad, was not present, and no interim order had been passed. The court observed that the petition had become infructuous due to the lapse of time (eflux of time). Consequently, the court dismissed the petition as infructuous without examining its merits. The dismissal was recorded on 20 April 2026.
Issues considered
- Whether a criminal miscellaneous writ petition can be entertained when it has become infructuous due to lapse of time
Subjects
- criminal procedure
- writ petition
- limitation
- delay
- infructuous petition
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18676 of 2025
Roshan Ali And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Naushad
Counsel for Respondent(s) : Awadh Sharma, G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, J.
1. Case is called out.
2. Learned counsel for the petitioner is not present.
3. There was no interim order passed in this case.
4. The petition appears to have infructuous by eflux of time, it, is accordingly
dismissed as infructuous.
April 20, 2026
Abhishek
(Satya Veer Singh,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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