Created by Fuzzy Cloud

Allahabad High Court

SMT. SANJANA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition was dismissed as infructuous because a criminal FIR had already been lodged.

Summary

Petitioners Smt. Sanjana and another filed a writ petition challenging actions of the State of U.P. and others. The Additional Chief Standing Counsel informed the court that a criminal FIR (Case Crime No. 60 of 2026) had already been lodged under Sections 87 and 137(2) of the Indian Penal Code at Durgaganj Police Station, Bhadohi. The petitioners did not contest this submission. The court held that the existence of the FIR rendered the writ petition infructuous. Consequently, the petition was dismissed.

Issues considered

  • Whether the filing of a criminal FIR makes the writ petition infructuous and therefore non-maintainable?

Subjects

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

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 24516 of 2026

                                    Smt. Sanjana And Another
                                                                                            .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 3 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)     : Archana Yadav, Deepak Kumar Singh,
                                                                    Mohit Kumar Tiwari
                                    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. 60 of 2026, under Section 87/ 137(2) BNS, Police Station Durgaganj,
                                    District Bhadohi, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.