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Allahabad High Court

SMT. ABHILASHA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous because a charge sheet has been filed.

Summary

Petitioners Smt. Abhilasha and another filed a criminal miscellaneous writ petition challenging the proceedings against them. The petitioners argued that the filing of a charge sheet rendered the writ petition infructuous and therefore it should be dismissed. The respondents, the State of U.P. and others, did not contest this ground. The High Court examined whether the filing of a charge sheet automatically makes a writ petition infructuous. Finding that the petitioners' submission was correct, the Court dismissed the writ petition as infructuous. The order was pronounced on May 7, 2026.

Issues considered

  • Does the filing of a charge sheet render a criminal miscellaneous writ petition infructuous?

Subjects

  • criminal procedure
  • writ petition
  • charge sheet
  • infructuous
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 7349 of 2023

                                    Smt. Abhilasha And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)       : Ram Awtar
                                    Counsel for Respondent(s)       : G.A.,   Ranjeet  Kumar,               Syed
                                                                      Mohammad Abbas Abdy

                                    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 Ranjeet Kumar, learned
                                    counsel for the informant.




                                                          (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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