Allahabad High Court
ASIF AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that an application that has become infructuous must be dismissed.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code before the High Court of Judicature at Allahabad. Counsel for the applicants submitted that the application had become infructuous and should therefore be dismissed. The opposite party did not object to this submission. The court examined the claim of infructuity and found no reason to entertain the application further. Consequently, the court dismissed the application as it had become infructuous.
Issues considered
- Whether an application under Section 528 of the Criminal Procedure Code can be dismissed on the ground that it has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- application dismissed
- infructuous
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37451 of 2026
Asif And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. At the very outset, learned counsel for applicants submitted that the
present application has become infructuous therefore, the same may be
dismissed as such to which learned AGA has no objection.
2. Consequently, the present application stands dismissed as having been
rendered infructuous.
(Saurabh Srivastava,J.)
September 9, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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