Allahabad High Court
SMT ALISHA GUPTA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is dismissed as it has become infructuous due to the pending FIR.
Summary
Petitioners Smt Alisha Gupta and another filed a writ petition before the Allahabad High Court against the State of Uttar Pradesh and others. The petition was challenged by the Standing Counsel for the respondents, who submitted that an FIR had already been lodged in Crime No. 79 of 2026 under Section 87 at B.N.S. Police Station, Kotwali, Prayagraj, rendering the petition unnecessary. The petitioners did not contest this submission. The Court examined whether the existence of the FIR made the petition infructuous. Finding that the petition was indeed rendered moot by the pending criminal proceeding, the Court dismissed the petition as infructuous. The order was pronounced on 8 September 2026 by Justice Gautam Chowdhary.
Issues considered
- Whether the filing of a writ petition is maintainable when an FIR has already been lodged in the matter
- Whether the petition becomes infructuous and must be dismissed
Subjects
- writ petition
- infructuous
- FIR
- civil procedure
- petition dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35415 of 2026
Smt Alisha Gupta And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Atul Verma, Jitendra Singh Patel,
Rayoof Ali
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. 79 of 2026
under Section 87 of B.N.S. Police Station Kotwali, District Prayagraj, 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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