Allahabad High Court
CHANDRAVIRversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The Court dismissed the writ petition as there was no ground to keep the matter pending.
Summary
Petitioner Chandravir filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 09-10-2024 and a mandamus to restrain his arrest. He submitted that the police investigation had concluded, exonerating him, and the police report had been forwarded to the court. The State, represented by the Additional Government Advocate, did not contest these facts. The Court, after hearing counsel, found no merit in continuing the petition as the exonerating report was on record and there was no objection from the State. Consequently, the Court dismissed the writ petition.
Issues considered
- Whether a writ petition seeking quash of an FIR and mandamus to prevent arrest should be entertained when the police report exonerating the petitioner has already been forwarded to the court.
Legislation cited
- Indian Penal Code — s. 420, 447, 467, 468, 471, 504, 506
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- arrest
- exoneration
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 15429 of 2025
Chandravir
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hari Om Sharan Tiwari, Shrikant
Chaturvedi
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The instant writ petition has been filed with the following main
prayers:-
"A. Issue a writ, order or direction in the nature of certiorari quash the impugned first
information report dated 09.10.2024 in Case Crime No. 370 of 2024, under Sections
420, 467, 468, 471, 447, 504, 506 1.P.C., Police Station Malpura, District Agra.
B. Issue a writ, order or direction in the nature of mandamus directing the concerned
respondent not to arrest the petitioner in pursuance of the impugned first information
report dated 09.10.2024 in Case Crime No. 370 of 2024, under Sections 420, 467,
468, 471, 447, 504, 506 I.P.C., Police Station Malpura, District Agra."
2. Learned counsel appearing on behalf of petitioner apprised the Court
that after completion of investigation police report has already been
forwarded to the Court concerned in which the petitioner has been
exonerated. He further submitted and prayed that the instant writ petition
may be disposed of in light of the aforesaid fact.
3. Learned AGA appearing on behalf of the State has not contradicted the
facts as submitted by learned counsel appearing on behalf of the
petitioner.
4. Heard learned counsel appearing on behalf of the petitioner and Mr.
R.K. Gupta, learned A.G.A. appearing on behalf of the State.
CRLP No. 15429 of 2025
2
5. Taking into consideration the submissions advanced by learned counsel
appearing on behalf of the petitioner that the police report has already
been forwarded and no objection form learned AGA for the State, we do
not find any reason to keep the matter pending for further adjudication.
6. Accordingly, the instant writ petition is dismissed.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
October 1, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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