Allahabad High Court
RINKI KUMARI AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as infructuous because the filing of the FIR renders the relief sought moot.
Summary
The petitioners, Rinki Kumari and another, filed a writ petition before the Allahabad High Court seeking a mandamus directing respondents No.2 and No.3 not to interfere with the petitioners' peaceful life as alleged to be caused by respondents No.4 to No.7. The petition alleged that the respondents were harassing them and requested the court to restrain such interference. The petitioners later informed the court that an FIR had been lodged concerning the same matter, rendering the petition moot. The court held that the filing of the FIR made the relief sought by the petitioners infructuous. Consequently, the court dismissed the petition as infructuous.
Issues considered
- What is the appropriate judicial response when a writ petition becomes moot due to the filing of an FIR concerning the same grievance?
Subjects
- mandamus
- writ petition
- infructuous
- FIR
- restraining order
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15468 of 2026
Rinki Kumari And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shashank Ojha
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Madhu Kumar Ram, Advocate has filed Vakalatnama on behalf of the
respondent No. 5, which is taken on record.
Shri Shashank Ojha, learned counsel for the petitioners, Shri Ashwani
Kumar Tripathi, learned Chief Standing Counsel for the State and Shri
Madhu Kumar Ram, learned counsel for the respondent No. 5 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 Nos. 4 to 7.
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
Checking your session…