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Allahabad High Court

MANOJ KUMAR PATEL AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed as infructuous.

Summary

Petitioners filed a criminal miscellaneous writ petition against the State of Uttar Pradesh. The petitioners' counsel argued that the petition had become infructuous because a police report had already been filed in the matter. The petition sought dismissal of the writ on that ground. The High Court examined the claim of infructuity and found that the filing of the police report indeed rendered the petition moot. Consequently, the Court dismissed the writ petition as infructuous.

Issues considered

  • Whether a writ petition becomes infructuous upon the filing of a police report in the underlying case

Subjects

  • writ petition
  • criminal miscellaneous
  • infructuous
  • police report
  • dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 6317 of 2023

                                    Manoj Kumar Patel And 5 Others
                                                                                                  .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)               :   Pramod Kumar, Sarvesh
                                    Counsel for Respondent(s)               :   G.A.

                                    Court No. - 42
                                                      HON'BLE SIDDHARTHA VARMA, J.
                                                      HON'BLE JAI KRISHNA UPADHYAY, J.

                                    Mr.Pramod Kumar, learned counsel for the petitioners states that the writ
                                    petition has been rendered infructuous as the police report has already
                                    been filed in the case. He prays that the writ petition be dismissed as
                                    having become infructuous.

                                    Accordingly, the writ petition is dismissed as infructuous.



                                                            (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
                                    May 6, 2026
                                    LN Tripathi




Digitally signed by :-
LALIT TRIPATHI
High Court of Judicature at Allahabad


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