Allahabad High Court
INSAD ALIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed, and no relief is granted to the petitioner.
Summary
Petitioner Insad Ali filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 12.05.2026 and a writ of mandamus to restrain his arrest under various IPC sections. The petition was filed in the Allahabad High Court. The State and other respondents submitted that the investigation was complete and a charge‑sheet had already been filed. The petitioner's counsel did not appear, and the court noted the service of notice via WhatsApp. Considering the non‑appearance of counsel, the pending charge‑sheet, and lack of any compelling reason to continue, the court dismissed the writ petition. The dismissal leaves the FIR and the charge‑sheet untouched.
Issues considered
- What is the appropriate remedy for quashing an FIR under the listed IPC sections?
- Whether a writ of mandamus can be issued to prevent arrest pending a charge‑sheet.
- Whether the High Court should entertain the writ petition after the charge‑sheet has been filed.
Legislation cited
- Indian Penal Code — s. 115(2), 191(2), 191(3), 308(5), 324(4), 329(3), 333, 351(3), 352
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- High Court
- non‑appearance of counsel
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 11879 of 2026
Insad Ali
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ghan Shyam Dubey
Counsel for Respondent(s) : Dinesh Rai, G.A., Stuti Rai
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed seeking following main
reliefs:-
"(i) To issue a writ, order or direction in the nature of Certiorari and quash the
impugned First Information Report dated 12.05.2026 (filed as Annexure No. 1
to this writ petition) registered as Case Crime No. 0253 of 2026, under
Sections 191(2), 191(3), 115(2), 352, 351(3), 324(4), 333, 308(5), 329(3) BNS,
Police Station Surajpur, District Gautam Budh Nagar.
(ii) To issue a writ, order or direction in the nature of Mandamus directing the
respondents to not to arrest the petitioner pursuant to the impugned First
Information Report dated 12.05.2026 (filed as Annexure No. 1 to this writ
petition) registered as Case Crime No. 0253 of 2026, under Sections 191(2),
191(3), 115(2), 352, 351(3), 324(4), 333, 308(5), 329(3) BNS, Police Station
Surajpur, District Gautam Budh Nagar."
2. Learned counsel appearing on behalf of respondent no. 3 has
apprised the Court that notice of the case has been served upon
learned counsel for the petitioner through WhatsApp, in support
whereof the relevant document has been placed on record and is
taken on record.
3. Learned A.G.A. appearing on behalf of State-respondents has
CRLP No. 11879 of 2026
2
submitted that after completion of investigation, charge-sheet has
been submitted to the court concerned.
4. Heard Mr. Dinesh Rai, learned counsel appearing on behalf of
respondent no. 3, learned A.G.A. appearing on behalf of the State-
respondents and perused the material on record.
5. Taking into consideration the non-appearance of learned
counsel for the petitioner, submissions advanced by learned
counsel for the parties and the fact that charge-sheet has already
been submitted to the court concerned, we do not find any good
reason to keep this petition pending for further adjudication.
6. In view of the above, the instant writ petition is dismissed.
September 21, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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