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Allahabad High Court

GAURAV AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is disposed of as there is no remaining matter for adjudication after the final investigation report has been filed.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 29.07.2026 and a mandamus directing the State not to arrest petitioner No.1. The learned Additional Government Advocate informed the Court that the statutory investigation was completed and the investigating officer had submitted the final report on 02.09.2026, which was also forwarded to the concerned court. The petitioners, after hearing the AGA’s statement, indicated that the petition could be disposed of. The Court considered that with the final investigation report on record, there was no substantive issue left for adjudication regarding the FIR or the arrest. Consequently, the Court disposed of the writ petition without granting any relief.

Issues considered

  • Whether a writ of certiorari can be issued to quash the FIR after the investigation has been completed and the final report submitted.
  • Whether a writ of mandamus can be issued to restrain the arrest of the petitioner when the investigation report is already on record.

Subjects

  • writ petition
  • certiorari
  • mandamus
  • FIR quash
  • criminal procedure
  • investigation report
  • disposal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 19895 of 2026

Gaurav And Another
                                                                 .....Petitioner(s)
                                     Versus

State Of U.P. And 3 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)             :   Chandra Bhan
Counsel for Respondent(s)             :   G.A., Sarve Nazir, Zafar Abbas

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 reliefs:-

     "i. Issue a writ, order or direction in the nature of writ of certiorari
     quashing the impugned first information report dated 29.07.2026
     registered as Case Crime No. 0260 of 2026, under Section 87 of BNS,
     Police Station Shahganj, District Jaunpur (Annexure no.1) to the writ
     petition.

     ii. Issue a writ, order or direction in the nature of mandamus
     commanding the respondents not to arrest the petitioner no. 1 in Case
     Crime No. 0260 of 2026, under Section 87 of BNS, Police Station
     Shahganj, District Jaunpur."

2. Mr. Rajesh Kumar Gupta, learned AGA submitted and apprised the
Court that after completion of the statutory investigation, the Investigating
Officer has submitted the final report on 02.09.2026 and the same was
also forwarded to the court concerned.

3. At this juncture, learned counsel for the petitioners submits that in view
of the statement given by the learned AGA, this writ petition may be
disposed of.

4. Heard Mr. Chandra Bhan, learned counsel for the petitioners and
learned AGA appearing for the State-respondents.
                                                                                         CRLP No. 19895 of 2026
                                                                   2


                                    5. Taking into consideration the statement given by the learned AGA and
                                    the prayer made by the learned counsel for the petitioners as well as the
                                    fact that after investigation, the Investigating Officer has submitted the
                                    final report on 02.09.2026 and the same was also forwarded to the court
                                    concerned, nothing left for further adjudication.

                                    6. Accordingly, the writ petition is disposed of.



                                                                (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 28, 2026
                                    Prajapati RK




Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad


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