Allahabad High Court
SMT. MOHINI KUSHWAH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The writ petition is infructuous and must be dismissed because a criminal proceeding under Section 87 IPC is already pending.
Summary
The petitioners, Smt. Mohini Kushwah and another, filed a writ petition before the Allahabad High Court seeking relief against the State of U.P. and others. The Additional Chief Standing Counsel for the respondents informed the Court that a criminal case (Case Crime No. 612 of 2026) under Section 87 of the Indian Penal Code had already been registered at Sadar Bazaar Police Station, Agra. The petitioners did not contest this submission. The Court held that the existence of the pending FIR rendered the writ petition infructuous. Consequently, the petition was dismissed for being moot. The order was pronounced by Justice Gautam Chowdhary on October 1, 2026.
Issues considered
- What is the appropriate course of action when a writ petition is filed after a criminal case has already been instituted under the relevant provisions?
Subjects
- writ petition
- infructuous
- FIR
- criminal proceeding
- Section 87 IPC
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39824 of 2026
Smt. Mohini Kushwah And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Beerendra Pratap Singh, Indra 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. 612 of 2026, under Section 87 BNS, Police Station Sadar Bazarm
District Agra, 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
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