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Allahabad High Court

JAIVIRversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as infructuous due to the passage of time.

Summary

The petitioner, Jaivir, filed Criminal Miscellaneous Writ Petition No. 7335 of 2023 before the Allahabad High Court challenging an unspecified order of the State of U.P. and others. The petitioner’s counsel, Rajesh Kumar Verma, argued that the petition had become infructuous due to the passage of time. The respondents, represented by G.A. and Kunwar Jitendra Bahadur Singh, did not contest this ground. The Court examined whether the delay rendered the petition ineffective and concluded that the petition could no longer be entertained. Accordingly, the Court dismissed the writ petition as infructuous. The judgment was delivered on May 7, 2026 by Hon'ble Justices Siddhartha Varma and Jai Krishna Upadhyay.

Issues considered

  • What is the effect of the efflux of time on the maintainability of a criminal miscellaneous writ petition?

Subjects

  • writ petition
  • infructuous
  • delay
  • criminal procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 7335 of 2023

                                    Jaivir
                                                                                                .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)       : Rajesh Kumar Verma
                                    Counsel for Respondent(s)       : G.A., Kunwar Jitendra Bahadur Singh

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

                                    1. Ms. Julekha Begum, holding brief of Sri Rajesh Kumar Verma, learned
                                    counsel for the petitioner submits that by efflux of time the writ petition
                                    has become infructuous and it may be dismissed as having become
                                    infructuous.

                                    2. Accordingly, the writ petition is dismissed as infructuous.




                                                          (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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