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Allahabad High Court

GAYYOOR AHMAD AND 5 OTHERSversusSTATE OF U.P. AN 2 OTHERS

Decided

Holding

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

Summary

The petitioners filed Criminal Miscellaneous Writ Petition No. 9379 of 2023 before the Allahabad High Court seeking relief against the State of U.P. and two other respondents. The petitioners’ counsel, Rahul Mishra and Sanjay Kumar Pandey, were not present when the matter was listed. No interim order had been passed in the proceedings. The Court observed that the petition had become infructuous because of the lapse of time since its filing. Accordingly, the Court dismissed the petition as infructuous. The judgment was delivered on 12 May 2026 by Hon’ble Judges Siddharth and Vinai Kumar Dwivedi.

Issues considered

  • Whether a writ petition that remains pending for an extended period without any interim order can be considered infructuous and dismissed?

Subjects

  • writ petition
  • infructuous petition
  • delay
  • dismissal
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 9379 of 2023

                                    Gayyoor Ahmad And 5 Others
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. An 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)        : Rahul Mishra, Sanjay Kumar 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 petitioners is not present.

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

                                    4. The petition appears to have become infructuous by efflux of time. It is,
                                    accordingly, dismissed as infructuous.



                                                                    (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    May 12, 2026
                                    Shubham




Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad


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