Allahabad High Court
RAJAN YADAV ALIAS ANKIT AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no matter left for adjudication after the final investigation report has been filed.
Summary
Petitioners Rajan Yadav alias Ankit and six others filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash an FIR dated 11‑06‑2026 (Case Crime No. 109 of 2026) under Sections 87 and 61(2) of the BNS, and a writ of mandamus directing the State not to arrest them. The State, through its learned Additional Government Advocate, informed the Court that the statutory investigation had been completed and the investigating officer had submitted the final report on 17‑07‑2026, which was also forwarded to the court. The petitioners, after hearing the State’s counsel, agreed that there was no longer any issue to be decided. The Court, noting the final report and the petitioners’ concession, held that there was nothing left for adjudication and dismissed the writ petition.
Issues considered
- What is the appropriate remedy, if any, for quashing an FIR under Sections 87 and 61(2) of the BNS after the investigation is completed?
- Whether a writ of mandamus can be issued to restrain arrest when the investigating agency has already submitted its final report?
Legislation cited
- BNS — s. 61(2), 87
Subjects
- writ of certiorari
- writ of mandamus
- FIR quash
- criminal procedure
- investigation report
- High Court of Allahabad
- Section 87 BNS
- Section 61(2) BNS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 15657 of 2026
Rajan Yadav Alias Ankit And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Pandey
Counsel for Respondent(s) : G.A., Suraj Pandey
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed with the following main reliefs:-
"i. A writ, order or direction in the nature of writ of certiorari quashing
the impugned first information report dated 11.06.2026 registered as Case
Crime No. 109 of 2026, under Sections 87, 61(2) of BNS, Police Station
Sahpau, District Hathras.
ii. A writ, order or direction in the nature of mandamus directing the
respondent no. 1 to 2 not to arrest the petitioners in pursuance to the
impugned first information report dated 11.06.2026 registered as Case
Crime No. 109 of 2026, under Sections 87, 61(2) of BNS, Police Station
Sahpau, District Hathras."
2. Mr. Rajesh Kumar Gupta, learned AGA submitted and apprised the
Court that after completion of the statutory investigation, the Investigating
Officer has submitted final report on 17.07.2026 and the same was also
forwarded to the court concerned.
3. At this juncture, learned counsel for the petitioners submits that in view
of the statement given by the learned AGA, this writ petition may be
disposed of.
4. Heard learned counsel for the petitioners and learned AGA appearing
for the State-respondents.
5. Taking into consideration the statement given by the learned AGA, the
CRLP No. 15657 of 2026
2
prayer made by the learned counsel for the petitioners as well as the fact
that after completion of investigation, the Investigating Officer has
submitted the final report on 17.07.2026 and the same was also forwarded
to the court concerned, therefore, nothing left in this petition for further
adjudication.
6. Accordingly, the writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 28, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
Checking your session…