Allahabad High Court
SUHANI 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
The petitioners Suhani Gautam and another filed a writ petition before the Allahabad High Court seeking relief, alleging that a criminal case was pending. The respondents, the State of Uttar Pradesh and others, through the Additional Chief Standing Counsel, informed the Court that an FIR had already been lodged as Case Crime No. 439 of 2026 under Section 87 BNS at Nawabganj Police Station, Prayagraj. The petitioners did not contest this submission. The Court held that the existence of the FIR rendered the petition infructuous, as the matter was already before the criminal justice system. Consequently, the petition was dismissed. The decision was pronounced by Justice Gautam Chowdhary on 1 October 2026.
Issues considered
- What is the appropriate course of action when a writ petition is filed while an FIR on the same matter is already pending?
Legislation cited
- Unspecified Act containing Section 87 BNS — s. 87
Subjects
- writ petition
- infructuous
- FIR
- Section 87
- criminal procedure
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39794 of 2026
Suhani Gautam And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Radhey Shyam Yadav
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. 439 of 2026, under Section 87 BNS, Police Station Nawabganj,
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 Additional Chief Standing Counsel.
3. In view of above, the instant petition has become infructuous and is
accordingly dismissed.
(Dr. Gautam Chowdhary,J.)
October 1, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
Checking your session…