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Allahabad High Court

TANYA AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

A writ petition under Article 226 is dismissed as infructuous when the subject matter is already being addressed through a pending FIR and State action.

Summary

The petitioners, a married couple, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State to protect their peaceful matrimonial life from alleged interference by respondent No.4. The State, through its counsel, informed the Court that an FIR had already been lodged concerning the same matter and that appropriate instructions had been issued, rendering the petition moot. The Court noted that the existence of the FIR and the State's action made the relief sought no longer necessary. Consequently, the Court held that the petition was infructuous. The petition was therefore dismissed.

Issues considered

  • The Court's jurisdiction to entertain a writ under Article 226 when the subject matter is already pending before a criminal investigation.
  • Whether the filing of an FIR and subsequent State action render a writ petition seeking protection infructuous.

Legislation cited

Subjects

  • Article 226
  • mandamus
  • infructuous petition
  • FIR
  • matrimonial protection
  • High Court writ jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 18497 of 2026

                                    Tanya And Another
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Praveen Kumar Srivastava
                                    Counsel for Respondent(s)                :   Sudhir Kumar, C.S.C.

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

                                    1. Heard learned counsel for the petitioners and learned C.S.C. for the State.


                                    2. 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.

                                    3. Learned CSC 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.

                                    4. Accordingly, the present petition is dismissed as infructuous.

                                    May 12, 2026
                                    Imtiyaz
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad


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