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Allahabad High Court

VIMAL RAJversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as the charge‑sheet has been filed and cognizance taken, leaving no ground for the writ.

Summary

The petitioner filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 03‑05‑2025 and a mandamus directing the police not to arrest him, alleging offences under Sections 420, 406, 467, 504 and 506 of the IPC. The petitioner’s counsel informed the court that the investigation was complete, a charge‑sheet had been filed and the trial court had taken cognizance of the case. The State’s Additional Government Advocate did not contest these facts. The court considered that, with the charge‑sheet already filed and cognizance taken, there was no basis to entertain the writ petition. Consequently, the court dismissed the petition. The dismissal leaves the criminal proceedings to continue in the regular trial court.

Issues considered

  • Whether a writ petition for quashing an FIR and directing non‑arrest is maintainable after the charge‑sheet has been filed and cognizance taken by the trial court
  • Whether the High Court should interfere with the criminal proceedings at this stage

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • FIR quash
  • cognizance
  • criminal procedure
  • Indian Penal Code

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 19252 of 2025

Vimal Raj
                                                                      .....Petitioner(s)
                                        Versus

State Of U.P. And 2 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)            : Divyesh Singh Bisen, Vijay Bahadur
                                       Shivhare
Counsel for Respondent(s)            : G.A., Satya Sinha

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
prayers:-

"i) Issue a writ, order or direction in the nature of certiorari for quashing the
impugned F.I.R. dated 03-05-2025 registered as Case Crime No. as well as FIR No.
105 of 2025, under Sections 420, 406, 467, 504, 506 IPC, Police Station - Kotwali,
District - Kanpur Nagar (Annexure No. 4) to the writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding the
respondents not to arrest the petitioner and protect the personal life and liberty of the
petitioner in pursuance of impugned F.I.R dated 03-05-2025 registered as Case Crime
No. as well as FIR No. 105 of 2025, under Sections 420, 406, 467, 504, 506 IPC,
Police Station Kotwali, District Kanpur Nagar."

2. Learned counsel appearing on behalf of petitioner submitted and
apprised the Court that after completion of investigation charge-sheet has
been forwarded and cognizance has already been taken by the Court
concerned. 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 petitioner and Mr. S.K.
                                                                                              CRLP No. 19252 of 2025
                                                                   2


                                    Ojha, learned A.G.A. appearing on behalf of the State.

                                    5. Taking into consideration the submissions advanced by learned counsel
                                    appearing on behalf of petitioner that the charge sheet has been forwarded
                                    and cognizance has already been taken by the Court concerned and no
                                    objection form learned AGA appearing on behalf of the State, we do not
                                    find any reason to keep this matter pending for further adjudication.

                                    6. Accordingly, the instant writ petition is dismissed.



                                                                (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 23, 2026
                                    Atul




Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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