Allahabad High Court
SONAM GAUTAM AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is dismissed as infructuous because an FIR has already been lodged.
Summary
Petitioners Sonam Gautam and another filed a writ petition challenging actions of the State of U.P. and others. The Additional Chief Standing Counsel submitted that a criminal case (FIR) under Sections 87 and 61(2) BNS had already been lodged, rendering the petition unnecessary. The petitioners did not contest this submission. The court held that the existence of the FIR made the petition infructuous. Consequently, the petition was dismissed.
Issues considered
- The petition is maintainable when an FIR under the relevant sections has already been filed.
Subjects
- writ petition
- criminal procedure
- FIR
- Section 87
- Section 61(2) BNS
- infructuous
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38760 of 2026
Sonam Gautam And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Kumar Singh
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. 304 of 2026, under Section 87/ 61(2) BNS, Police Station
Machhlishahar, District Jaunpur, 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 24, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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