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Allahabad High Court

SALAUDDIN AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as infructuous.

Summary

The petitioners filed a criminal miscellaneous writ petition on 25 November seeking relief, but the court did not take up the matter for an extended period. During this delay, the petitioners faced intense pressure from the police, which compelled them to surrender and apply for bail. The petitioners argued that the police were attempting to preempt the constitutional remedies they sought. The court held that the petition had become infructuous due to the petitioners' surrender and the delay, and therefore dismissed it. The judges also expressed disapproval of the police conduct in trying to thwart the petitioners' remedies.

Issues considered

  • What is the appropriate disposition of a writ petition that becomes infructuous because the petitioner surrenders and seeks bail due to police pressure and delay in hearing?

Subjects

  • writ petition
  • criminal miscellaneous
  • police pressure
  • infructuous
  • bail
  • constitutional remedies

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 27785 of 2025

                                    Salauddin And 5 Others
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Mohammad Waseem
                                    Counsel for Respondent(s)                   :   G.A.

                                    Court No. - 44
                                                      HON'BLE J.J. MUNIR, J.
                                                      HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. It is stated by the learned Counsel for the petitioners that the writ
                                    petition which was filed on 25th November was never taken up and facing
                                    constant and grueling pressure from the Police on one hand and the delay
                                    in this petition being taken up before this Court, led the applicants to
                                    surrender and seek bail.

                                    2. In the circumstances, this petition has been rendered infructuous. It is
                                    dismissed as infructuous.

                                    3. Before parting, we must remark that we do not appreciate the conduct
                                    of the Police in trying to preempt remedies that the petitioners seek,
                                    particularly constitutional remedies



                                                                   (Vinai Kumar Dwivedi,J.) (J.J. Munir,J.)
                                    February 26, 2026
                                    Prashant D.




Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad


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