Allahabad High Court
GULSHAN BHARGAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn, with liberty to seek alternative remedy.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 22‑04‑2026 under Sections 109(1), 352 and 351(3) of the B.N.S. 2023 and a mandamus directing the State not to arrest him while the petition was pending. After arguments, the petitioner’s counsel made an innocuous prayer to withdraw the petition and to pursue any other appropriate remedy. The State’s counsel opposed the petition but did not object to the withdrawal request. The Court noted that the petitioner had not pressed the merits of the petition and allowed the innocuous prayer. Consequently, the writ petition was dismissed as withdrawn, granting the petitioner liberty to seek alternative relief. The order was pronounced by Judges Tarun Saxena and Chandra Dhari Singh on 8 September 2026.
Issues considered
- Whether the writ petition may be dismissed as withdrawn upon the petitioner's innocuous prayer
Legislation cited
- B.N.S., 2023 — s. 109(1), 351(3), 352
Subjects
- writ petition
- quash FIR
- mandamus
- withdrawal
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 13767 of 2026
Gulshan Bhargav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Jaiswal, Azad Khan, Sarita
Yadav, Sunil Verma
Counsel for Respondent(s) : G.A., Piyush Kumar Shukla
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioner with the
following main prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the
impugned first information report dated 22.04.2026 registered as Case
Crime No.158 of 2026, under Sections 109(1), 352, 351(3) of B.N.S 2023,
Police Station-Prem Nagar, District-Jhansi. (Annexure No.1 to this writ
petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing
and commanding the respondents not to arrest the petitioner in pursuance
of the first information report dated 22.04.2026 registered as Case Crime
No. 158 of 2026, under Sections 109(1), 352, 351(3) of B.N.S, 2023
Police Station-Prem Nagar, District-Jhansi, during the pendency of
present writ petition."
2. After some length of arguments, learned counsel appearing on behalf of
the petitioner made an innocuous prayer that he may be permitted to
withdraw the instant writ petition with liberty to avail the appropriate
remedy available under the law before the appropriate Court as advised.
3. Learned AGA appearing on behalf of the State-respondents vehemently
opposed the instant writ petition but has no objection on innocuous prayer
made by learned counsel appearing on behalf of the petitioner.
CRLP No. 13767 of 2026
2
4. Heard learned counsel appearing on behalf of the petitioner as well as
Mr. K.P. Pathak, learned A.G.A. appearing on behalf of the State-
respondents and perused the material available on record.
5. Since, learned counsel appearing on behalf of the petitioner has not
pressed the instant writ petition on merits, only made innocuous prayer to
avail appropriate alternative remedy as advised, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.
6. Accordingly, the instant writ petition is dismissed as withdrawn with
liberty as prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…