Created by Fuzzy Cloud

Allahabad High Court

AFREEN AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The petition is dismissed as infructuous because the FIR has already been lodged.

Summary

The petitioners, Afreen and another, filed a writ petition challenging actions of the State of Uttar Pradesh and three other respondents. Respondent No.4, represented by Advocate R.K. Tiwari, submitted a vakalatnama stating that a First Information Report (FIR) had already been lodged in the matter, rendering the petition moot. The petitioners' counsel, Mohammad Abid Ali and Mohd Irteqa, did not contest this submission. The court accepted the submission that the existence of the FIR made the petition infructuous. Consequently, the court dismissed the petition as infructuous.

Issues considered

  • Whether a writ petition becomes infructuous when an FIR has already been lodged in the matter.

Subjects

  • Writ petition
  • Infructuous
  • FIR
  • Dismissal
  • Procedural law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 38769 of 2026

                                    Afreen And Another
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    State Of Uttar Pradesh And 3 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)        : Mohammad Abid Ali, Mohd Irteqa
                                    Counsel for Respondent(s)        : C.S.C.

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

                                    1. Shri R. K. Tiwari, Advocate, has filed his vakalatnama on behalf of
                                    respondent No. 4, which is taken on record. He submits that in the instant
                                    matter F.I.R. has already been lodged, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.