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Allahabad High Court

MAHESH CHANDRA PANDEY AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that there was no ground to quash the FIR and dismissed the writ petition.

Summary

The petitioners filed a criminal miscellaneous writ petition under Article 226 seeking to quash an FIR dated 26.05.2026 that alleged offences under Sections 115(2), 352, 351(3) and 324(2) of the B.N.S. The State argued that the investigation was complete and a charge sheet had already been filed on 05.07.2026. The Court examined the FIR and noted that, on its face, it disclosed a cognizable offence. Considering the State's submissions and the fact that a charge sheet was pending before the trial court, the Court found no basis to invoke its extraordinary jurisdiction to set aside the FIR. Consequently, the petition was dismissed.

Issues considered

  • Whether the High Court can exercise its extraordinary jurisdiction under Article 226 to quash an FIR when a charge sheet has already been filed.

Legislation cited

  • B.N.S. — s. 115(2), 324(2), 351(3), 352

Subjects

  • Article 226
  • quash FIR
  • cognizable offence
  • criminal miscellaneous writ petition
  • charge sheet
  • High Court dismissal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 19479 of 2026

Mahesh Chandra Pandey And 2 Others
                                                            .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)      : Niharika      Singh     Parihar,     Suresh
                                 Chandra
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 26.05.2026 registered as Case
Crime No. 0268/2026, under Sections 115(2), 352, 351(3), 324(2) of
B.N.S., Police Station - Meja, District Prayagraj and for a direction to the
respondents to not take any coercive steps against the petitioners in
pursuance of impugned First Information Report.

2. None appeared on behalf of the petitioners even in revised call.

3. Heard Sri S.K. Ojha, learned AGA appearing on behalf of the State-
respondents and perused the material on record.

4. Learned A.G.A. appearing on behalf of the State submitted that in the
instant matter, after completion of the investigation, charge sheet has been
forwarded on 05.07.2026 to the concerned Court.

5. We have also perused the contents made in the first information report.

6. After plain reading of the FIR, prima facie, it appears that a
commission of cognizable offence is made out against the petitioners.

7. Taking into consideration the submissions advanced by learned AGA
for the State as well as the fact that charge sheet has already been
forwarded to the Court concerned and the allegations made in the
impugned first information report, we do not find any reason to invoke
the extraordinary jurisdiction under Article 226 of the Constitution of
                                                                                            CRLP No. 19479 of 2026
                                                                    2


                                    India to quash the impugned first information report, as prayed.

                                    8. In view of the above, the instant writ petition is dismissed.



                                                                (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 9, 2026
                                    SK Srivastava




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

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