Allahabad High Court
SMT KHUSHBU AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is nothing left for adjudication.
Summary
Petitioners Smt Khushbu and six others filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 11‑06‑2025 under sections 87, 352 and 351(2) of the Bharatiya Nayay Sanhita, 2023, and a mandamus directing the police not to arrest them. The petitioners did not appear before the court, while the Additional Government Advocate for the State submitted that the investigation was completed and the final report had been forwarded on 21‑06‑2025. The court noted the non‑appearance of petitioners’ counsel and the submission of the final report, concluding that there was no matter left for adjudication. Consequently, the writ petition was dismissed. The decision underscores that a writ petition cannot proceed when the petitioners fail to appear and the substantive investigation is already concluded.
Issues considered
- Whether a writ petition seeking quash of an FIR and mandamus to prevent arrest can be entertained when the petitioners do not appear before the court.
- Whether the filing of a final investigation report bars further adjudication of the writ petition.
Legislation cited
- Bharatiya Nayay Sanhita, 2023 — s. 351(2), 352, 87
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- non‑appearance
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 13382 of 2025
Smt Khushbu And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Durga Lal, Sudhanshu Kumar Singh
Counsel for Respondent(s) : G.A.
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 to quash the First
Information Report dated 11.06.2025, registered as Case Crime No. 230 of
2025 under section 87, 352, 351 (2) of Bharatiya Nayay Sanhita 2023, Police
Station Deoranian, District Bareilly, (Annexure No.1 to the writ petition).
(ii) Issue a writ order or direction in the nature of mandamus directing and
commanding the respondents not to take any coercive action and not to arrest
the petitioners in Case Crime No.230 of 2025 under section 87, 352, 351(2) of
Bharatiya Nayay Sanhita 2023, Police Station Deoranian, District Bareilly, in
pursuant of the F.I.R. dated 11.06.2025."
2. Case called out in the revised list. None appeared on behalf of
the petitioners 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 21.06.2025 before the court concerned.
4. Heard Mr. S.N. Tiwari, learned A.G.A. appearing on behalf of the
CRLP No. 13382 of 2025
2
State-respondents and perused the material on record.
5. Taking into consideration the non-appearance of learned
counsel for the petitioners, 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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 29, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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