Allahabad High Court
MAMTA YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Since the final police report under Section 193(3) BNSS has been filed, the petition is infructuous and must be dismissed.
Summary
Petitioner Mamta Yadav filed a criminal miscellaneous writ petition challenging an FIR dated 10-07-2025 registered under Section 103(1) of the BNS. The State, through the Advocate General, submitted that the investigating officer had already forwarded the final police report on 03-04-2026 under Section 193(3) of the BNSS, thereby extinguishing any cause of action. The Court examined the record and the submissions and held that the filing of the final report rendered the petition infructuous. Consequently, the Court dismissed the writ petition as having no remaining cause of action. The interim order, if any, was vacated.
Issues considered
- Whether the filing of the final police report under Section 193(3) BNSS extinguishes the petitioner’s cause of action and renders the writ petition infructuous.
Legislation cited
Subjects
- criminal writ
- FIR
- infructuous
- police report
- Section 103
- Section 193
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6233 of 2026
Mamta Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajeet Kumar Shukla, Sarvesh Kant
Shukla
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Ajeet Kumar Shukla, the learned counsel for petitioner and the
learned A.G.A. representing State-respondents 1 & 2.
2. Perused the record.
3. Petitioner- Mamta Yadav has approached this Court by means of present
criminal misc. writ petition challenging the FIR dated 10.07.2025 lodged by
first informant-respondent 3- Geeta Devi and registered as Case Crime No.
0341 of 2025, under Section 103(1) of BNS, P.S.- Sidhaari, District-
Azamgarh.
4. On the matter being taken up, the learned A.G.A. representing State-
respondents 1 & 2 submits that during pendency of present criminal misc.
writ petition, Investigating Officer, upon completion of statutory
investigation of aforementioned case crime number in terms of Chapter-XIII
BNSS, has forwarded the final report/police report dated 03.04.2026 in
terms of Section 193(3) BNSS. He, therefore, submits that in view of above,
no cause of action now survives with petitioner to maintain the present writ
petition. As such, the present writ petition is liable to be dismissed as having
rendered infructuous.
5. When confronted with above, the learned counsel for petitioner could
not overcome the same.
6. Having heard, the learned counsel for petitioner, the learned A.G.A.
CRLP No. 6233 of 2026
2
representing State-respondents 1 & 2, upon perusal of record and
considering the submissions urged by the learned AGA in opposition to
present writ petition, we find that since the final report/police report dated
03.04.2026 has already been forwarded, therefore, no cause of action now
survives with petitioner to maintain the present writ petition. As a result, the
present writ petition is liable to be dismissed as having rendered infructuous.
7. It is, accordingly, dismissed as having rendered infructuous
8. Interim order, if any, stands vacated.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 6, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
Checking your session…