Allahabad High Court
MOMIN @ CHHOTUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application under Section 528 BNSS is dismissed as infructuous.
Summary
Momin @ Chhotu filed an application under Section 528 of the BNSS before the Allahabad High Court. The applicant’s counsel argued that the application had become infructuous and should be dismissed. The counsel for the second opposite party raised no objection to this submission. The court, after hearing the parties, accepted that the application was indeed infructuous. Consequently, the court dismissed the application under Section 528 BNSS as infructuous.
Issues considered
- Whether the application filed under Section 528 BNSS should be entertained or dismissed as infructuous
Legislation cited
- BNSS — s. 528
Subjects
- Section 528
- application dismissed
- infructuous
- High Court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14857 of 2026
Momin @ Chhotu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Mani Tripathi, Rahul Tiwari
Counsel for Opposite Party(s) : Ahamad Farhan, G.A., Haya Rizvi
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Devendra Mani Tripathi, learned counsel for the applicant,
Mr. Mohd. Bilal, holding brief of Ms. Haya Rizvi, learned counsel for the
opposite party No. 2, learned A.G.A. for the State and perused the record.
2. At the very outset, learned counsel for the applicant submits that this
application has become infructuous and the same may be dismissed as
infructuous.
3. Learned counsel for the opposite party No. 2 has no objection in this
regard.
4. Accordingly, the application u/s 528 BNSS is dismissed as infructuous.
(Nand Prabha Shukla,J.)
September 8, 2026
Shivani Sri.
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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