Allahabad High Court
FAUZIA KHAN AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as infructuous.
Summary
The petitioners, Ms. Fauzia Khan and three others, filed a criminal miscellaneous writ petition (No. 7414 of 2025) before the Allahabad High Court seeking relief against the State of U.P. and two other respondents. During the proceedings, counsel for the petitioners, Ravi Anand Agarwal and Shreya Gupta, submitted that the petition had become infructuous due to the passage of time. The Court examined whether the petition could still be entertained or should be dismissed as moot. Relying on the principle that a writ petition that loses its purpose because of elapsed time is infructuous, the Court held that there was no longer any live controversy. Consequently, the petition was dismissed as infructuous. The judgment was delivered by Hon'ble Judges Siddhartha Varma and Jai Krishna Upadhyay on May 7, 2026.
Issues considered
- What is the effect of the efflux of time on the viability of a criminal miscellaneous writ petition?
- Should the petition be dismissed as infructuous?
Subjects
- writ petition
- infructuous
- dismissal
- limitation
- criminal miscellaneous
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7414 of 2025
Fauzia Khan And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Anand Agarwal, Shreya Gupta
Counsel for Respondent(s) : Arya Suman Pandey, G.A., Tushar
Pandey, Yogesh Narayan Shukla
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Ms. Akriti Chaturvedi, learned counsel appearing on behalf of the
petitioners submits that by efflux of time, the writ petition has become
infructuous and it may be dismissed as having become infructuous.
2. As prayed, 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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