Allahabad High Court
HAKIKATversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was disposed of without granting the relief sought, effectively rejecting the petition to quash the FIR and restrain arrest.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking quash of an FIR dated 18.05.2026 (Case Crime No.189 of 2026) and a direction restraining the third respondent from arresting him. The FIR alleged offences under Sections 115(2), 352, 351(3), 3(5) and 194(2) of the Indian Penal Code. The State, represented by the Additional Government Advocate, informed the Court that the investigation was complete and a charge sheet had been filed on 20.06.2026. The petitioner, after hearing, requested that the petition be disposed of in view of the charge sheet filing. The Court, noting that the charge sheet had been submitted and finding no merit in continuing the petition, disposed of the writ petition without granting any relief. Consequently, the petition to quash the FIR and restrain arrest was denied.
Issues considered
- Whether the FIR dated 18.05.2026 can be quashed under the relevant provisions of the Indian Penal Code.
- Whether the petitioner is entitled to a direction restraining the respondent from arresting him pending trial.
Legislation cited
- Indian Penal Code — s. 115(2), 194(2), 3(5), 351(3), 352
Subjects
- Criminal Procedure
- FIR quash
- Writ petition
- Arrest
- Charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16371 of 2026
Hakikat
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shyam Shanker Pandey
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed with the prayer to
quash the impugned First Information Report dated 18.05.2026
registered as Case Crime No.189 of 2026, under Sections
115(2), 352, 351(3), 3(5), 194(2) B.N.S., Police Station -
Parikshitgarh, District - Meerut and for a direction to the
respondent no. 3 not to arrest the petitioner in pursuance of
impugned First Information Report.
2. Heard learned counsel appearing on behalf of the petitioner
and learned AGA appearing on behalf of the State and perused
the material on record.
3. It is submitted by learned AGA that in the instant matter,
after completion of investigation, charge sheet has been
forwarded on 20.06.2026 before the concerned Court.
4. At this juncture, learned counsel appearing on behalf of the
petitioner submitted and prayed that the instant writ petition
may be disposed of in light of the statement given by the
learned A.G.A.
5. Taking into consideration the submissions advanced by
CRLP No. 16371 of 2026
2
learned counsel for the parties and the fact that charge sheet
has already been submitted, we do not find any good reason to
keep this petition pending for further adjudication.
6. In view of the above, the instant writ petition is disposed of.
September 8,
2026
SK Srivastava
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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