Allahabad High Court
SMT MISLA DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as there is no matter left for adjudication.
Summary
Smt Misla Devi filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 07.06.2025 and a mandamus directing the police not to arrest her. The petition listed several sections of the Bhartiya Nyaya Sanhita, 2023. The petitioner’s counsel did not appear before the court, while the State’s Additional Government Advocate submitted that the investigation was complete and the final report had been forwarded on 03.08.2025. The court noted that, with the final report already filed and no counsel to argue the petition, there was nothing left for adjudication. Consequently, the court dismissed the writ petition. The dismissal leaves the FIR and any subsequent police action unaffected.
Issues considered
- Whether the FIR dated 07.06.2025 can be quashed by a writ of certiorari.
- Whether a mandamus can be issued directing the police not to arrest the petitioner.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 191(2), 318(4), 336(3), 338, 351(2), 352, 61(1)(a)
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- arrest
- criminal procedure
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 13188 of 2025
Smt Misla Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manvendra Singh, Rishabh Tiwari
Counsel for Respondent(s) : G.A., Salilendu Kumar Upadhyay
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed seeking following main
reliefs:-
"(i) Issue a writ order or direction in the nature of Certiorari quashing the
impugned First Information Report dated 07.06.2025 registered as Case
Crime No. 397 of 2025, Under Sections 318(4), 338, 336(3), 115(2), 352,
351(2), 191(2), 61(1)(a) Bhartiya Nyaya Sanhita, 2023, Police Station Kotwali,
District Mainpuri (Annexure No. 1 to this writ petition).
(ii) Issue a writ order or direction in the nature of Mandamus commanding and
directing the respondents not to arrest the Petitioner in pursuance of the First
Information Report dated 07.06.2025 registered as Case Crime No. 397 of
2025, Under Sections 318(4), 338, 336(3), 115(2), 352. 351(2), 191(2),
61(1)(a) Bhartiya Nyaya Sanhita, 2023, Police Station Kotwali. District
Kotwali."
2. Case called out in the revised list. None appeared on behalf of the
petitioner to address the Court, however, learned Additional
Government Advocate for the State is present.
3. Learned A.G.A. appearing on behalf of State-respondents has
submitted that after completion of investigation, final report has been
forwarded on 03.08.2025 before the court concerned.
4. Heard Mr. K.P. Pathak, 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
CRLP No. 13188 of 2025
2
for the petitioner, submission advanced by A.G.A. for the State and
the fact that final report has already been forwarded, nothing is left for
further adjudication in the instant writ petition.
6. In view of the above, the instant writ petition is dismissed.
September 29, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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