Allahabad High Court
SMT. POOJA AHIRWAR AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is infructuous and is dismissed.
Summary
The petitioners, Smt. Pooja Ahirwar and another, filed a writ petition before the Allahabad High Court challenging the actions of the State of Uttar Pradesh and others. The Additional Chief Standing Counsel informed the Court that an FIR (Case Crime No. 150 of 2026) had already been lodged under Section 87 BNS at Banpur Police Station, Lalitpur. The petitioners did not contest this submission. Relying on the fact that the criminal proceeding was already underway, the Court held that the petition had become infructuous. Consequently, the petition was dismissed.
Issues considered
- Whether a writ petition becomes infructuous when a criminal FIR has already been lodged on the same facts
Subjects
- writ petition
- infructuous petition
- FIR
- maintainability
- high court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 24153 of 2026
Smt. Pooja Ahirwar And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prabal Pratap Chauhan, Sukhendra
Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. At the very outset, learned Additional Chief Standing Counsel submits
that in the instant matter F.I.R. has already been lodged as Case Crime
No. 150 of 2026, under Section 87 BNS, Police Station Banpur, District
Lalitpur, and therefore, the instant petition has become infructuous.
2. Learned counsel for the petitioners could not dispute the aforesaid
submissions made by learned Additional Chief Standing Counsel.
3. In view of above, the instant petition has become infructuous and is
accordingly dismissed.
(Dr. Gautam Chowdhary,J.)
September 8, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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