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Allahabad High Court

UTTEJ KUMAR @ RITESH KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition was dismissed as infructuous due to the lapse of time.

Summary

A criminal miscellaneous writ petition (No. 7521 of 2023) was filed by Uttej Kumar @ Ritesh Kumar against the State of Uttar Pradesh and three others. The petitioner's counsel was absent and no interim relief had been sought or granted. The court observed that the petition had become infructuous due to the lapse of time. Consequently, the High Court held that the petition could not be entertained. The petition was therefore dismissed as infructuous.

Issues considered

  • Whether a criminal miscellaneous writ petition can be entertained when there is a substantial lapse of time (eflux of time) and no representation by counsel.

Subjects

  • writ petition
  • criminal procedure
  • delay
  • infructuous
  • dismissal

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 7521 of 2023

                                    Uttej Kumar @ Ritesh Kumar
                                                                                                          .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 3 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)              :    Ashvanee Kumar Srivastav, Vishal Pandey
                                    Counsel for Respondent(s)              :    G.A.

                                    Court No. - 44
                                                             HON'BLE SIDDHARTH, J.
                                                             HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. Case is called out.

                                    2. Learned counsel for the petitioner is not present.

                                    3. There was no interim order passed in this case.

                                    4. The petition appears to have infructuous by eflux of time, it, is accordingly
                                    dismissed as infructuous.

                                    May 7, 2026
                                    Abhishek
                                                                                (Vinai Kumar Dwivedi,J.) (Siddharth,J.)




Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad


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