Allahabad High Court
HEERA LAL SHARMA AND ANOTHERversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the chargesheet has been filed and the matter is before the trial court.
Summary
Petitioners Heera Lal Sharma and another filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 29‑03‑2026, filed under sections of the B.N.S.-2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and also sought a mandamus directing the respondents not to arrest them. The Attorney General informed the Court that a chargesheet had already been filed and the trial court had taken cognizance of the case. The petitioners, after hearing, requested that the writ be disposed of in view of the AG’s statement. The Court, after considering the submissions and noting that the chargesheet was already on record, found no merit in continuing the petition. Consequently, the Court dismissed the writ petition.
Issues considered
- Whether the FIR filed under the B.N.S.-2023 and the SC/ST Act can be quashed by a writ of certiorari.
- Whether a mandamus can be issued to restrain the arrest of the petitioners pending the filing of a chargesheet.
- Whether the filing of a chargesheet and cognizance by the trial court bars the continuation of the writ petition.
Legislation cited
- B.N.S., 2023 — s. 115(2), 324(1), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(d), 3(1)(dh), 3(2)(v)
Subjects
- quash FIR
- certiorari
- mandamus
- criminal procedure
- SC/ST Act
- chargesheet
- high court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19878 of 2026
Heera Lal Sharma And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amal Kumar Srivastava, Amit Kumar
Srivastava
Counsel for Respondent(s) : G.A., Sudarshan Singh
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed seeking following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned
First Information Report dated 29.03.2026 arising out of Case Crime No. 0188 of
2026 under Sections 115(2), 352, 351(3), 324(1) of B.N.S.-2023 and under Sections
3(1)(d), 3(1)(dh), 3(2)(v) of S.C./S.T. Act, Police Station-Bhojipura, District-Bareilly.
(ii) Issue a writ, order or direction in the nature of Mandamus directing to
respondents not to arrest the Petitioners in pursuance to the impugned F.I.R. and not
to adopt any coercive action against the petitioners."
2. Learned A.G.A. has submitted that after completion of investigation,
chargesheet has been submitted and the concerned court has already taken
cognizance.
3. At this juncture, learned counsel appearing on behalf of the petitioners
submitted and prayed that the instant writ petition may be disposed of in the
light of the statement given by learned A.G.A.
4. Heard Shri Amit Kumar Srivastava, learned counsel appearing on behalf
of the petitioners, Mr. R.K. Gupta, learned A.G.A. appearing on behalf of
the State-respondents and perused the material on record.
5. Taking into consideration the submissions advanced by learned counsel
for the parties and the fact that chargesheet 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 dismissed.
September 14, 2026
Shweta
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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