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Allahabad High Court

MANISH PANDEY AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed as infructuous.

Summary

The petitioners filed a writ petition challenging the State, but counsel informed the court that an FIR had already been lodged under Section 137(2) of the B.N.S. Police Station Lehariyasarai, District Darbhanga, Bihar. The court held that the existence of the pending FIR rendered the petition infructuous. Consequently, the court dismissed the petition on the ground that it had become infructuous. No further arguments or evidence were considered. The dismissal was recorded on September 30, 2026.

Issues considered

  • Whether the writ petition is infructuous due to the filing of a pending FIR in the matter

Subjects

  • writ petition
  • infructuous
  • FIR
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                        WRIT - C No. - 34301 of 2026

                                    Manish Pandey And Another
                                                                                            .....Petitioner(s)
                                                                    Versus
                                    State Of U.P. And 4 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s) : Dhananjai Rai, Divyanshu Nishad,
                                                                Udit Singh
                                    Counsel for Respondent(s) : C.S.C.

                                    Court No. - 75
                                                 HON'BLE DR. GAUTAM CHOWDHARY, J.

                                    1. At the very outset, learned counsel for the petitioner submits that in
                                    the instant case F.I.R. has already been lodged in Case Crime No.
                                    5106043260425 of 2025 under Section 137 (2) of B.N.S. Police
                                    Station Lehariyasarai, District Darbhanga, Bihar, and therefore, the
                                    instant petition has become infructuous.

                                    2. In view of above, the instant petition has become infructuous and is
                                    dismissed as having become infructuous.

                                    September 30, 2026
                                    Priyanka
                                                                               (Dr. Gautam Chowdhary,J.)




Digitally signed by :-
PRIYANKA KUSHWAHA
High Court of Judicature at Allahabad


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