Allahabad High Court
SMT BHOORI BEGAMversusSTATE OF UP AND 7 OTHERS
- Decided
Holding
A writ of mandamus cannot be entertained when filed prematurely within three months of the FIR, and the petition was dismissed as withdrawn.
Summary
Petitioner Smt. Bhoori Begam filed a criminal miscellaneous writ petition seeking a mandamus directing the investigation of FIR No. 45 of 2026 to be concluded. The State, through the Attorney General, argued that the petition was premature as it was filed within three months of the FIR, rendering it misconceived. The petitioner consented to withdraw the petition, requesting liberty to re‑file later if needed. The Court, noting the State’s lack of objection to the withdrawal, dismissed the petition as withdrawn and vacated any interim order. No substantive merits on the mandamus claim were addressed.
Issues considered
- The petition is maintainable when filed within three months of the FIR under the applicable procedural law.
Legislation cited
- BNS — s. 115(2), 351(3), 70(1)
Subjects
- writ of mandamus
- criminal investigation
- premature filing
- withdrawal of petition
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10117 of 2026
Smt Bhoori Begam
.....Petitioner(s)
Versus
State Of Up And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amir Khan
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Amir Khan, the learned counsel for petitioner and the learned
A.G.A. representing State-respondents 1 to 4.
2. Perused the record.
3. Petitioner-Smt Bhoori Begam has approached this Court by means of
present criminal misc. writ petition for a writ of mandamus commanding
respondent- 2 to direct the subordinate officer to conclude investigation of
Case Crime No. 45 of 2026, under Sections 115(2), 70(1), 351(3) of BNS,
Police Station- Ujhani, District- Budaun, arising out the FIR dated
08.02.2026 lodged by first-informant- Smt Bhoori Begam writ petitioner.
4. At the very outset, learned A.G.A. representing State-respondents 1 to 4
fairly submits that petitioner has approached this Court even before an
expiry of a period of three months from the date of lodging of impugned
FIR. As such the present writ petition is misconceived at this stage and
therefore, liable to be dismissed.
5. When confronted with above, the learned counsel for petitioner fairly
submits that present writ petition be dismissed as withdrawn at this stage
with liberty to file fresh at appropriate stage if necessary.
6. Learned A.G.A. representing State-respondents 1 to 4 has no objection to
the aforesaid prayer made by the learned counsel for petitioner.
7. In view of above, this writ petition is accordingly dismissed as withdrawn
CRLP No. 10117 of 2026
2
with liberty as aforesaid.
8. Interim order, if any, stands vacated.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 5, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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