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Allahabad High Court

IQRAR AHAMAD ABRAR AHAMADversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 CrPC is dismissed as infructuous.

Summary

The applicant, Iqrar Ahamad Abrar Ahamad, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. The applicant was represented by Advocate Javed Habib, while the State of U.P. and another party were represented by G.A. The learned counsel for the applicant argued that the application should be dismissed as infructuous. The court, after hearing the submissions, agreed that the application had become infructuous and allowed the prayer made by the applicant's counsel. Consequently, the court dismissed the application on the ground that it was no longer capable of producing any legal effect. The judgment was delivered on September 29, 2026, by Justice Saurabh Srivastava.

Issues considered

  • What is the appropriate disposition of an application under Section 528 CrPC that has become infructuous?

Legislation cited

Subjects

  • Section 528 CrPC
  • infructuous application
  • high court judgment
  • criminal procedure
  • application dismissal

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 35978 of 2026

                                    Iqrar Ahamad Abrar Ahamad
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                          :    Javed Habib
                                    Counsel for Opposite Party(s)                     :    G.A.

                                    Court No. - 79
                                                      HON'BLE SAURABH SRIVASTAVA, J.

                                    1. At the very outset, Sri Mohammad Nurulan Advocate holding brief of
                                    Sri Javed Habit, learned counsel for applicant submits that present
                                    applicant is dismissed as infructuous.

                                    2. The prayer as made by learned counsel for applicant is allowed to
                                    which learned AGA has no objection.

                                    3. Accordingly, the present application is dismissed has having become
                                    infructuous.

                                    September 29, 2026
                                    Ashish/-

                                                                                       (Saurabh Srivastava,J.)




Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad


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