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Allahabad High Court

SHWETA NISHAD AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The petition was dismissed as infructuous.

Summary

The petitioners, Shweta Nishad and another, filed a writ petition seeking a mandamus directing respondents No.2 and No.3 not to interfere with their peaceful life in relation to respondent No.4. The petition alleged that such interference was occurring and requested the court's intervention. The petitioners later informed the court that a First Information Report (FIR) had been lodged concerning the matter, rendering the petition infructuous. The court held that since the FIR addressed the grievance, the petition no longer required judicial relief. Consequently, the writ petition was dismissed as infructuous.

Issues considered

  • What is the appropriate judicial remedy when a petition becomes infructuous due to the filing of an FIR?
  • Whether a mandamus can be issued to restrain alleged interference before the criminal process is initiated

Subjects

  • mandamus
  • writ petition
  • infructuous
  • FIR
  • High Court
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 15396 of 2026

                                    Shweta Nishad And Another
                                                                                                    .....Petitioner(s)
                                                                       Versus
                                    State Of Uttar Pradesh And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                        :   Kuldeep Kumar
                                    Counsel for Respondent(s)                        :   C.S.C.

                                    Court No. - 76
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Shri Kuldeep Kumar, learned counsel for the petitioners and Shri Ashwani
                                    Kumar Tripathi, learned Chief Standing Counsel for the State are present.

                                    The instant petition has been filed by the petitioners with a prayer to issue
                                    writ, order or direction in the nature of Mandamus commanding the
                                    respondent Nos. 2 & 3 not to interfere in the peaceful life of the petitioners
                                    from respondent No. 4.

                                    Learned counsel for the petitioners submits that the present petition has
                                    become infructuous after lodging of the F.I.R.

                                    The instant petition is dismissed as infructuous accordingly.

                                    April 23, 2026
                                    T. Sinha
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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