Allahabad High Court
PRITI DEVI @ PRITI AND ANOTHERversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is dismissed as infructuous because an FIR has already been lodged.
Summary
Petitioners Priti Devi and another filed a writ petition before the Allahabad High Court. The standing counsel for the State informed the Court that an FIR had already been lodged in Crime No. 218 of 2026 under Sections 87 and 137(2) of the B.N.S. at Amaria Police Station, Pilibhit. The petitioners did not contest this submission. The Court held that the existence of the FIR rendered the petition infructuous. Consequently, the petition was dismissed as infructuous.
Issues considered
- Whether the filing of a writ petition is maintainable when an FIR is already pending under the same facts
- Whether the petition becomes infructuous on account of the pending FIR
Legislation cited
- B.N.S. — s. 137(2), 87
Subjects
- writ petition
- infructuous
- FIR
- criminal procedure
- petition dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35325 of 2026
Priti Devi @ Priti And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Saxena
Counsel for Respondent(s) : C.S.C.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. At the very outset, learned Standing Counsel submits that in the instant
case an F.I.R. has already been lodged in Case Crime No. 218 of 2026
under Section 87/137(2) of B.N.S. Police Station Amaria, District Pilibhit,
and therefore, the instant petition has become infructuous.
2. Learned counsel for the petitioners could not dispute the aforesaid
submissions made by learned Standing Counsel.
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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