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Allahabad High Court

YASHWANT KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as infructuous.

Summary

The petitioners Yashwant Kumar and another filed a criminal miscellaneous writ petition challenging the filing of a charge‑sheet by the police, invoking Section 482 of the Criminal Procedure Code. The petition sought relief to quash the charge‑sheet. The High Court observed that the charge‑sheet had already been submitted and the petition under Section 482 had become infructuous. Consequently, the Court found no ground to entertain the petition further. The petition was therefore dismissed as infructuous, with no further order issued.

Issues considered

  • Whether a charge‑sheet already filed can be challenged by a writ petition under Section 482 Cr.P.C.
  • Whether the petition remains maintainable after the charge‑sheet submission

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Charge-sheet
  • Writ Petition
  • Infructuous
  • Dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 6365 of 2022

                                    Yashwant Kumar And Another
                                                                                                   .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)         : Gopal Krishna Pandey
                                    Counsel for Respondent(s)         : G.A., Gyanendra Prakash Srivastava

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

                                    Sri Gopal Krishna Pandey, learned counsel for the petitioners has
                                    appeared and stated that the charge-sheet in the case has been submitted
                                    by the police and the same has also been challenged by means of an
                                    application under Section 482 Cr.P.C. He submits that the writ petition be
                                    dismissed as having become infructuous.

                                    In view thereof, no further order is required to be passed.

                                    The writ petition is, accordingly, 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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