Allahabad High Court
SACHIN KUMAR SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn with liberty as prayed.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 11.05.2026 and a mandamus directing the police not to arrest him until a charge-sheet is filed. After arguments, the petitioner’s counsel made an innocuous prayer to withdraw the petition and seek alternative remedies. The respondents opposed the petition but did not object to the withdrawal. The Court noted that the petitioner had not pressed the merits of the petition and allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn with liberty as prayed.
Issues considered
- Whether the writ petition seeking quash of the FIR and mandamus can be entertained on merits
- Whether the Court may allow the petitioner’s innocuous prayer to withdraw the writ petition
Subjects
- writ petition
- quash FIR
- mandamus
- withdrawal
- criminal procedure
- certiorari
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18807 of 2026
Sachin Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akshay Raghuvanshi, B.K. Singh
Raghuvanshi
Counsel for Respondent(s) : G.A., Saurabh Kumar
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioner with the
following main prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the
impugned FIR dated 11.05.2026 which is registered as Case Crime No.
0186 of 2026, under Sections 61(2), 318 (4), 338, 336(3), 340 (2), 308(2),
351(3), 329 (3) and 3(5) of BNS, Police Station-Naubasta, District-
Kanpur Nagar. (Annexure No.1).
(ii) Issue writ, order or direction in the nature of mandamus directing the
respondents/police Officials not to arrest the petitioner in the aforesaid
case till police report/charge-sheet gets submitted."
2. After some length of arguments, learned counsel appearing on behalf of
the petitioner made an innocuous prayer that he may be permitted to
withdraw the instant writ petition with liberty to avail the appropriate
remedy available under the law before the appropriate Court as advised.
3. Learned AGA appearing on behalf of the State-respondents vehemently
opposed the instant writ petition but has no objection on innocuous prayer
made by learned counsel appearing on behalf of the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Mr.
Saurabh Kumar, learned counsel appearing on behalf of respondent no.3
as well as Mr. K.P. Pathak, learned A.G.A. appearing on behalf of the
CRLP No. 18807 of 2026
2
State-respondents and perused the material available on record.
5. Since, learned counsel appearing on behalf of the petitioner has not
pressed the instant writ petition on merits, only made innocuous prayer to
avail appropriate alternative remedy as advised, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.
6. Accordingly, the instant writ petition is dismissed as withdrawn with
liberty as prayed.
(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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