Allahabad High Court
SMT MIFRAH FATIMA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition is dismissed as infructuous because a criminal FIR has already been lodged.
Summary
The petitioners filed a writ petition challenging actions of the State of U.P. and others. The Additional Chief Standing Counsel informed the court that a criminal FIR (Case Crime No. 218 of 2026) had already been lodged under sections 87, 61(2), 352 and 351(3) of the Indian Penal Code. 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.
Issues considered
- Whether the writ petition is infructuous in view of a pending FIR under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 351(3), 352, 61(2), 87
Subjects
- writ petition
- infructuous
- pending criminal case
- dismissal
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39861 of 2026
Smt Mifrah Fatima And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Kumar Srivastava, Pratima
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. 218 of 2026, under Section 87, 61(2), 352, 351(3) BNS, Police
Station Pawai, District Azamgarh, 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…