Allahabad High Court
AKHTARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The application is dismissed as infructuous because the accused has been granted bail and the charge sheet filed.
Summary
The applicant, Akhtar, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash a remand order dated 22 August 2025. The State, through the Additional Government Advocate, raised a preliminary objection that the application had become infructuous because a charge sheet had been filed and the applicant had obtained bail. The applicant's counsel conceded that bail had indeed been granted. The court considered whether the remand order could still be challenged in light of these developments. Finding that the procedural circumstances rendered the relief sought moot, the court dismissed the application as infructuous.
Issues considered
- Whether an application to quash a remand order under Section 528 remains maintainable after the charge sheet is filed and the accused obtains bail
Subjects
- Criminal Procedure Code
- Section 528
- remand order
- bail
- infructuous application
- preliminary objection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52149 of 2025
Akhtar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Prakash Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. At the very outset, learned A.G.A. has raised a preliminary objection
that the present application has become infructuous since the charge sheet
has been submitted against the applicant and he has obtained bail,
therefore, the impugned remand order dated 22.08.2025 cannot be
quashed at this stage.
2. On being confronted, it is admitted by the learned counsel for the
applicant that the applicant has been enlarged on bail.
3. In view of the above, the present application is dismissed as having
become infructuous.
(Vivek Kumar Singh,J.)
May 7, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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