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Allahabad High Court

KAJAL DEVI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous because the FIR has already been lodged.

Summary

Petitioners Kajal Devi and another filed a writ petition challenging actions of the State of Uttar Pradesh and other respondents. The Additional Chief Standing Counsel informed the court that a First Information Report (FIR) had already been lodged in the matter. The court held that the filing of the FIR rendered the writ petition ineffective. Consequently, the court dismissed the petition as infructuous. No substantive merits of the petition were examined.

Issues considered

  • What is the appropriate disposition of a writ petition when an FIR has already been lodged in the matter?

Subjects

  • writ petition
  • dismissal
  • infructuous
  • FIR
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 18040 of 2026

                                    Kajal Devi And Another
                                                                                             .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 4 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)      : Mohd. Samiuzzaman Khan, Rashid Ali
                                    Counsel for Respondent(s)      : C.S.C.

                                    Court No. - 76
                                                     HON'BLE SANJAY KUMAR PACHORI, J.

                                    Shourya Singh, Rawant, Advocate has filed vakalatnama on behalf of the
                                    private respondents no. 4 and 5 which is taken on record,

                                    Learned Additional Chief Standing Counsel submits that the FIR has been
                                    lodged in the matter.

                                    Accordingly, the present writ petition is dismissed having become
                                    infructous.



                                                                                  (Sanjay Kumar Pachori,J.)
                                    May 7, 2026
                                    A.




Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad


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