Allahabad High Court
RAJNE DEVI @ RAJNI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is dismissed as infructuous because an FIR has already been lodged.
Summary
Petitioners Rajne Devi and another filed a writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh and others. The standing counsel for the respondents informed the court that an FIR had already been registered in Crime No. 368 of 2026 under Sections 87, 352 and 351(3) of the Indian Penal Code at B.N.S. Police Station, Deoranian, Bareilly. The counsel argued that the existence of the FIR rendered the petition infructuous. The petitioners did not contest this submission. The court examined whether the pending criminal proceeding precluded the continuation of the writ petition. Finding that the petition had become moot in view of the FIR, the court held the petition infructuous. Accordingly, the petition was dismissed.
Issues considered
- Whether the filing of a writ petition is maintainable when an FIR relating to the same matter has already been lodged
- Whether the petition becomes infructuous upon registration of the FIR
Legislation cited
- Indian Penal Code — s. 351(3), 352, 87
Subjects
- writ petition
- infructuous
- FIR
- Indian Penal Code
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36655 of 2026
Rajne Devi @ Rajni And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Sahu
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. 368 of 2026
under Section 87/352/351(3) of B.N.S. Police Station Deoranian, District
Bareilly, 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 14, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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