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Allahabad High Court

MUSTKINversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed as having become infructuous after the charge-sheet was filed.

Summary

The petitioner, Mustkin, filed a criminal miscellaneous writ petition before the Allahabad High Court. The petition sought relief pending the filing of a charge-sheet in the underlying criminal case. The petitioner’s counsel argued that the filing of the charge-sheet rendered the writ petition infructuous. The Court accepted this submission and held that the petition could no longer be entertained. Consequently, the writ petition was dismissed as infructuous. No substantive merits of the underlying criminal case were addressed.

Issues considered

  • Whether a criminal miscellaneous writ petition becomes infructuous upon the filing of a charge-sheet in the underlying case

Subjects

  • writ petition
  • criminal procedure
  • charge-sheet
  • infructuous
  • dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 29576 of 2025

                                    Mustkin
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Vipul Shukla, Yaheya
                                    Counsel for Respondent(s)           :   Shaheen Baano, Arvind Kumar Srivastava,
                                                                            G.A.

                                    Court No. - 29
                                                          HON'BLE SIDDHARTHA VARMA, J.
                                                          HON'BLE KUNAL RAVI SINGH, J.

                                    1. Sri Ajay Kaushik holding brief of Sri Vipul Shukla, learned counsel for the
                                    petitioner, 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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