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Allahabad High Court

ASIF AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

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

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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