Allahabad High Court
SMT JYOTI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is dismissed as it has become infructuous due to the pending FIR.
Summary
Petitioners Jyoti and another filed a writ petition challenging actions of the State of Uttar Pradesh and others. The respondents' standing counsel submitted that a criminal FIR had already been lodged under Sections 87, 115(2) and 351(2) of the Indian Penal Code at B.N.S. Police Station, Jagdishpura, Agra, and attached a copy as annexure. The court examined the submission and found that the existence of the FIR rendered the petition moot. Consequently, the court held that the petition had become infructuous. The petition was therefore dismissed.
Issues considered
- Whether the filing of a criminal FIR on the same facts makes the writ petition infructuous and non-maintainable?
Legislation cited
- Indian Penal Code — s. 115(2), 351(2), 87
Subjects
- writ petition
- infructuous
- FIR
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18527 of 2026
Smt Jyoti And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anmol Ratan, Ram Prakash Upadhyay
Counsel for Respondent(s) : C.S.C.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. List revised. None appears to press this petition on behalf of the
petitioners.
2. At the very outset, learned Standing Counsel submits that in the instant
case F.I.R. has already been lodged in Case Crime No. 68 of 2026 under
Sections 87, 115(2), 351(2) of B.N.S. Police Station Jagdishpura, District
Agra, copy of which is annexed as Annexure-CA5 to the counter affidavit
and therefore, the instant petition has become infructuous.
3. In view of above, the instant petition has become infructuous and is
dismissed as having become infructuous.
(Dr. Gautam Chowdhary,J.)
September 8, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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