Created by Fuzzy Cloud

Allahabad High Court

DEEPAK AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as infructuous.

Summary

The applicants filed an application under Section 528 of the BNSS before the Allahabad High Court, seeking relief. The counsel for the applicants argued that the cause of action had been exhausted, rendering the petition infructuous. The court examined the submission and found no remaining issue to be adjudicated. Consequently, the court held that the application could not proceed. The application was therefore dismissed as infructuous, with no further orders.

Issues considered

  • Whether the application under Section 528 BNSS is infructuous due to exhaustion of the cause of action

Subjects

  • Section 528
  • BNSS
  • infructuous
  • application dismissed
  • Allahabad High Court
  • procedural law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 37809 of 2026

                                    Deepak And 4 Others
                                                                                                .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                     :   Sanjay Kumar Mishra
                                    Counsel for Opposite Party(s)                :   G.A.

                                    Court No. - 74
                                                          HON'BLE DEEPAK VERMA, J.

                                    Applicants' counsel submits that the cause has been exhausted, as such,
                                    present petition has become infructuous.

                                    In view of the aforesaid, the present application U/s 528 BNSS is
                                    accordingly, dismissed as infructuous.



                                                                                             (Deepak Verma,J.)
                                    September 24, 2026
                                    Nitin Verma




Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.