Allahabad High Court
MEHULversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is disposed as the charge sheet has already been filed, leaving no merit to entertain the writ seeking quash of the FIR and restraint on arrest.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking quash of an FIR dated 26.05.2026 and a direction restraining the respondent from arresting him. The State, through the learned Additional Government Advocate, informed the Court that a charge sheet had already been filed on 04.08.2026. The petitioner, after hearing, requested that the petition be disposed in view of this development. The Court noted that the filing of the charge sheet removed any justification for keeping the petition pending. Consequently, the Court disposed of the writ petition without further adjudication.
Issues considered
- What is the appropriate remedy when a charge sheet has already been filed against a petitioner seeking quash of the FIR and direction against arrest?
Subjects
- criminal procedure
- FIR quash
- writ petition
- arrest direction
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19486 of 2026
Mehul
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Yadav,
Saraswati Thapa
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.0153 of 2026, under Sections 75
B.N.S., Police Station - Nauchandi, District - Meerut and for a
direction to the respondent no. 2 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 04.08.2026 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
learned counsel for the parties and the fact that charge sheet
CRLP No. 19486 of 2026
2
has already been forwarded, 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 9,
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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