Allahabad High Court
OMPRAKASH SINGH RAGHAVversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- MADAN PAL SINGH
Holding
The application is dismissed as infructuous because the alleged unauthorized construction has been demolished and no cause of action remains.
Summary
The applicant filed a criminal application under Section 528 of the Indian Penal Code seeking relief against unauthorized constructions on a public path. The State complied with the court's earlier order and demolished the illegal structures. The applicant argued that, with the demolition completed, the relief sought has been achieved and no cause of action remains. The court examined whether the application could continue when the alleged wrongdoing has been remedied. Finding that the matter had become infructuous, the court dismissed the application. The dismissal was recorded on September 30, 2026.
Issues considered
- Whether a criminal application under Section 528 remains maintainable when the alleged unlawful act has been remedied and no cause of action subsists
Legislation cited
- Indian Penal Code — s. 528
Subjects
- Criminal Law
- Section 528
- Infructuous Application
- Unauthorized Construction
- Relief Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36282 of 2025
Omprakash Singh Raghav
.....Applicant(s)
Versus
State Of U.P. And 6 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Kumar Srivastava
Counsel for Opposite Party(s) : Mohd. Ayub, G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Pursuant to the order of the Court dated 14th September, 2026, compliance
report filed on behalf of the State in the Court today is taken on record.
2. Learned counsel for the applicant submits that since the unauthorized
constructions on the path in question have already been demolished and the
relief prayed for in the present applicant has reached to its logical end
meaning thereby that no cause of action survives any further, therefore, the
present criminal application has become infructuous. As such, it be dismissed.
3. The present application is accordingly dismissed as having become
infructuous.
September 30, 2026
Sushil/-
(Madan Pal Singh,J.)
Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad
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