Allahabad High Court
DEV GADARIYA ALIAS DEVENDER AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as there is no basis to quash the FIR or restrain arrest, given the cognizable offence and the petitioners' non‑appearance.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 05-07-2025 and a writ of mandamus to restrain their arrest in a cognizable offence. Neither petitioner appeared before the court on the hearing dates, and the State was represented by counsel. The court examined the FIR and found that a cognizable offence was made out against the petitioners. Considering the non‑appearance of the petitioners and the existence of a cognizable offence, the court found no ground to entertain the petition. Consequently, the writ petition was dismissed.
Issues considered
- Whether the FIR dated 05-07-2025 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued to restrain arrest in a cognizable offence.
- Effect of the petitioners' non‑appearance on the merits of the petition.
Subjects
- FIR
- certiorari
- mandamus
- cognizable offence
- non-appearance
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 15591 of 2025
Dev Gadariya Alias Devender And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bipin Pal Singh
Counsel for Respondent(s) : Adesh Kumar, G.A., Kuldeep Kumar
Sharma
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:-
"(i) to issue a writ or direction in the nature of certiorari quashing the
impugned First Information Report dated 05.07.2025 (Annexure No. 1 to
this writ petition).
(ii) to issue a writ or direction in the nature of mandamus commanding
the respondent nos.1 & 2 not to arrest the petitioners in Case Crime No.
328 of 2025, Under Sections 137(2) B.N.S., Police Station- Tronika City,
District Ghaziabad."
2. None appeared on behalf of the petitioners even in the revised list. Sri
S.N. Tiwari, learned A.G.A. appearing on behalf of the State is present.
3. We have perused the order dated 22.09.2025, which shows that the
petitioners had also not appeared before the Co-ordinate Bench on the
said date.
4. We have also perused the impugned F.I.R. On plain reading of F.I.R.,
the cognizable offence is made out against the petitioners.
5. Taking into consideration the non-appearance on behalf of the
petitioners today and on that date also as well as the cognizable offence is
made out against the petitioners, we do not find any reason to keep this
CRLP No. 15591 of 2025
2
matter pending for further adjudication.
6. Accordingly, the instant writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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