Allahabad High Court
SAURABH @ SUNNY AND 3 OTHERSversusState of UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as having become infructuous upon the filing of the charge sheet.
Summary
The petitioners, Saurabh @ Sunny and three others, filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief. The respondents, the State of UP and two others, submitted a charge sheet in the underlying criminal case. The petitioners' counsel argued that the filing of the charge sheet rendered the writ petition moot. The Court held that there was no useful purpose in keeping the petition pending once the charge sheet was filed. Consequently, the writ petition was dismissed as infructuous, with the petitioners directed to pursue any other remedy available under law.
Issues considered
- What is the effect of filing a charge sheet on the maintainability of a criminal miscellaneous writ petition?
Subjects
- writ petition
- criminal procedure
- charge sheet
- infructuous
- dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21583 of 2024
Saurabh @ Sunny And 3 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar Shukla, Mohit Singh,
Ravi Kumar Singh
Counsel for Respondent(s) : G.A., Manoj Kumar Singh
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Sri Ashish Chaudhary holding brief of Sri Mohit Singh learned counsel
for the petitioner states that a charge sheet has been submitted in this case.
Therefore, he prays that the writ petition be dismissed as having become
infructuous.
2. Under such circumstances no useful purpose would be served by
keeping this writ petition pending.
3. The writ petition is, accordingly, dismissed as having become
infructuous. The petitioner(s) may avail such remedy as might be
available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 23, 2026
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
Checking your session…