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Allahabad High Court

SMT. NAGEENA BANO AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is infructuous and must be dismissed because the matter is already being addressed through a pending FIR.

Summary

Petitioners Smt. Nageena 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 a third party. The State 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 unnecessary. Consequently, the Court held that the petition was infructuous. The petition was dismissed.

Issues considered

  • Whether the High Court can entertain a writ petition under Article 226 seeking protection of matrimonial life when a criminal proceeding (FIR) is already pending.

Legislation cited

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 18516 of 2026

                                    Smt. Nageena Bano And Another
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Suresh Dhar Dwivedi
                                    Counsel for Respondent(s)                   :   C.S.C.

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

                                    1. Heard Sri Suresh Dhar Dwivedi, learned counsel for the petitioners and
                                    Sri Ashwani Kumar Tripathi, 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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