Allahabad High Court
SANTOSH KUMAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The application is dismissed as infructuous.
Summary
The applicants, Santosh Kumar and three others, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court against the State of Uttar Pradesh and another party. The learned counsel for the applicants argued that the passage of time had rendered the application infructuous. The court examined whether the delay justified dismissal of the application as futile. Relying on the principle that a claim becomes ineffective when it is no longer capable of being acted upon due to lapse of time, the court held the application could not proceed. Consequently, the application was dismissed as infructuous.
Issues considered
- Whether the application under Section 528 of the CrPC is infructuous due to the efflux of time
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- Criminal Procedure
- Infructuous application
- Delay
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 4884 of 2026
Santosh Kumar And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
Sri Abhishek Singh, learned counsel for the applicants has contended that
by the efflux of time, the present applicant has become infructuous and
prays to dismiss the present application as having become infructuous.
Accordingly, it is dismissed as such.
(Dr. Gautam Chowdhary,J.)
May 5, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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