Allahabad High Court
SMT PRIYANKA CHAURASIYA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is dismissed as infructuous because an FIR under Section 87 BNS has already been lodged.
Summary
The petitioners filed a writ petition challenging an action of the State of Uttar Pradesh and others. The Additional Chief Standing Counsel informed the court that a criminal case (FIR) under Section 87 BNS had already been lodged (Case Crime No. 121 of 2026) with the police. The petitioners did not contest this submission. The court held that the existence of the FIR rendered the writ petition infructuous. Consequently, the petition was dismissed. The order was pronounced by Justice Gautam Chowdhary on October 1, 2026.
Issues considered
- Whether a writ petition becomes infructuous when a criminal FIR on the same matter is already pending.
Subjects
- writ petition
- infructuous
- FIR
- dismissal
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39858 of 2026
Smt Priyanka Chaurasiya And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shams Tabrez Alam Ansari
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. 121 of 2026, under Section 87 BNS, Police Station Kithore, District
Meerut, 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…