Allahabad High Court
MOHD AFZAL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as infructuous because the charge sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief, but the trial court later filed a charge sheet against them. The petitioners argued that the filing of the charge sheet made the writ petition infructuous and should be dismissed. The respondents contended that the petition should be dismissed on that ground. The High Court examined whether the filing of a charge sheet automatically renders a writ petition infructuous. Finding that the charge sheet had indeed been filed, the Court held that the petition could no longer proceed and dismissed it as infructuous. The order was pronounced by a bench of two judges on 7 May 2026.
Issues considered
- Whether the filing of a charge sheet renders a criminal miscellaneous writ petition infructuous and liable to be dismissed.
Subjects
- criminal procedure
- writ petition
- infructuous
- charge sheet
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7199 of 2025
Mohd Afzal And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ayyaz Khan, Vivek Kumar Shukla
Counsel for Respondent(s) : Amit Rana, G.A., Saif Ali Khan,
Vikrant Singh Parihar
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Learned counsel for the petitioners submits that in this case charge
sheet has been filed so the writ petition has become infructuous and it
may be dismissed as infructuous.
2. Accordingly, the writ petition is dismissed as infructuous.
3. This order has been passed in presence of Sri Saif Ali Khan, learned
counsel for the respondent.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
May 7, 2026
S.K.S.
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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