Allahabad High Court
SMT. RADHA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
A writ of mandamus cannot be issued when the matter is already under criminal investigation and the petition has become infructuous.
Summary
The petitioners, Smt. Radha and another, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondents to protect their peaceful matrimonial life from a fourth respondent. The State counsel informed the court that an FIR had already been lodged concerning the matter and that appropriate instructions had been issued, rendering the petition moot. The court held that since the issue was already under investigation and the relief sought was no longer necessary, the petition had become infructuous. Consequently, the court dismissed the petition as infructuous. No substantive merits of the petition were examined.
Issues considered
- The court needed to determine whether a writ of mandamus under Article 226 could be issued to protect matrimonial life when a criminal FIR had already been lodged.
Legislation cited
- Constitution of India — s. 226
Subjects
- writ of mandamus
- Article 226
- matrimonial protection
- infructuous petition
- FIR
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17745 of 2026
Smt. Radha And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shaheen Baano
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Shaheen Baano, learned counsel for the petitioners and Sri Ashwani
Kumar Tripathi, learned A.C.S.C. for the State.
The present petition has been filed under Section 226 of the Constitution of
India with the prayer to issue a writ of mandamus, directing the respondents
to protect the peaceful matrimonial life, as husband and wife, of the
petitioners from respondent no.4.
Learned A.C.S.C. for the State pointed out that an FIR has been lodged with
regard to the subject matter of the present case. Instructions in this regard
has been received and the same is kept on record. The matter has become
infructuous due to the aforesaid reason and the same may be dismissed as
infructuous.
Accordingly, the present petition is dismissed as infructuous.
May 6, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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