Allahabad High Court
NAZRIN @ NAZREEN BANO AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition is dismissed as infructuous because the matter has already been taken up through a pending FIR.
Summary
The petitioners, Nazrin @ Nazreen Bano and another, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State to protect their peaceful matrimonial life from alleged harassment by respondents No.4 to 7. The State informed the Court that an FIR had already been lodged concerning the same matter and that appropriate instructions had been issued, rendering the petition unnecessary. The Court noted that the filing of the FIR and subsequent action made the relief sought by the petitioners moot. Consequently, the Court held that the petition was infructuous. The petition was therefore dismissed.
Issues considered
- What relief, if any, can be granted under Article 226 of the Constitution when the subject matter has already been addressed by a criminal FIR?
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. - 17801 of 2026
Nazrin @ Nazreen Bano And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Maurya, Om Prakash
Verma
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri O.P. Verma, 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 nos.4 to 7.
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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