Allahabad High Court
RANJEET SHARMAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no ground to entertain it.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 22‑04‑2026 and a mandamus to restrain their arrest. The State argued that the investigation was complete and a charge‑sheet had been filed on 21‑07‑2026, supporting its position with a short counter‑affidavit. The petitioner's counsel, after hearing the State's submissions, requested that the petition be disposed of. The Court considered the State's affidavit and the petitioner's request and found no justification to keep the matter pending. Consequently, the Court dismissed the writ petition.
Issues considered
- Whether the FIR dated 22‑04‑2026 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioner.
- Whether the petition should be dismissed in view of the charge‑sheet filing and the State's counter‑affidavit.
Legislation cited
- BNS — s. 109(1), 351(3), 352
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 13866 of 2026
Ranjeet Sharma
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Jaiswal
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 petitioners with the
following main reliefs:-
"issue a writ, order or direction in the nature of certiorari to quash the
impugned First Information Report dated 22.04.2026 in Case Crime
No.158 of 2026, under Sections 109(1), 352, 351 (3) of BNS at Police
Station Premnagar, District Jhansi (Annexure no.1).
ii. issue a writ, order or direction in the nature of mandamus directing
respondent no.2 not to arrest of the petitioner in pursuance of the First
Information Report dated 22.04.2026 in Case Crime No.158 of 2026,
under Sections 109(1), 352, 351 (3) of BNS at Police Station Premnagar,
District Jhansi."
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation charge-sheet has already been forwarded on
21.07.2026 to the Court concerned. He has placed the short counter
affidavit during the course of arguments, which is taken on record. He has
relied upon the paragraph no.5 of the short counter affidavit.
3. At this juncture, learned counsel appearing on behalf of petitioner
submitted and prayed that in the light of the statement given by learned
AGA for the State as well as the contents made in paragraph no.5 of the
short counter affidavit the instant writ petition may be disposed of.
CRLP No. 13866 of 2026
2
4. Heard Mr. Anil Kumar Jaiswal, learned counsel appearing on behalf of
petitioner, Mr. Piyush Kumar Shukla, learned counsel appearing on behalf
of respondent no.3, Mr. S.K. Ojha, learned A.G.A. appearing on behalf of
the State and perused the material available on record.
5. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State and contents made in
paragraph no.5 of the short counter affidavit as well as prayer made by
learned counsel appearing on behalf of petitioner, we do not find any
reason to keep this matter pending for further adjudication.
6. Accordingly, the instant writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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