Allahabad High Court
RAJEEV RAI AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The petition was disposed of as there was no matter left for adjudication.
Summary
Petitioners Rajeev Rai and another filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 05‑07‑2025 and mandamus to restrain arrest and coercive action under several provisions of the Bharatiya Nyaya Sanhita, 2023. The State counsel informed the Court that the investigation was complete and the final report had been forwarded to the concerned court on 10‑07‑2026. Petitioners, after hearing, requested that the petition be disposed of in view of the State’s submission. The Court noted that with the final report already filed and no substantive issue remaining, there was nothing further to adjudicate. Consequently, the writ petition was disposed of without any substantive order on the merits.
Issues considered
- Whether the FIR dated 05‑07‑2025 can be quashed under Sections 115(2), 352, 351(2), 351(3) and 324(4) of the Bharatiya Nyaya Sanhita, 2023.
- Whether a writ of mandamus can be issued directing the respondents not to arrest or take coercive action against the petitioners under the same provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 324(4), 351(2), 351(3), 352
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19897 of 2026
Rajeev Rai And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bhupendra Kumar Pandey, Pradeep
Kumar Sahu
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The instant writ petition has been filed by the petitioners with the
following main reliefs:-
"issue an order, direction or writ in the nature of certiorari quashing the
impugned First Information Report dated 05.07.2025 (Annexure No. 1 to
the writ petition) in Case Crime No. 0282 of 2025, under Sections 115(2),
352, 351(2), 351(3) and 324(4) of the Bharatiya Nyaya Sanhita, 2023,
Police Station Civil Lines, District Prayagraj.
ii) issue an order, direction or writ in the nature of mandamus directing
respondent Nos.2 and 3 not to arrest the petitioners in pursuance of the
First Information Report dated 05.07.2025 in Case Crime No. 0282 of
2025, under Sections 115(2), 352, 351(2), 351(3) and 324(4) of the
Bharatiya Nyaya Sanhita 2023, Police Station Civil Lines, District
Prayagraj.
iii) issue an order, direction or writ in the nature of mandamus directing
the respondents not to take any coercive action against the petitioners in
pursuance of the First Information Report dated 05.07.2025 in Case
Crime No. 0282 of 2025, under Sections 115(2), 352, 351(2), 351(3) and
324(4) of the Bharatiya Nyaya Sanhita 2023, Police Station Civil Lines,
District Prayagraj."
2. Learned A.G.A. appearing on behalf of the State submitted that after
CRLP No. 19897 of 2026
2
completion of investigation final report has already been forwarded on
10.07.2026 to the Court concerned.
3. At this juncture, learned counsel appearing on behalf of petitioners
submitted and prayed that in the light of the statement given by learned
AGA for the State the instant writ petition may be disposed of.
4. Heard learned counsel appearing on behalf of the petitioners, Mr.
Rizwan Ahmad, learned A.G.A. appearing on behalf of the State and
perused the material available on record.
5. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State that the final report has
already been forwarded as well as prayer made by learned counsel
appearing on behalf of petitioners, nothing has left for further
adjudication.
6. Accordingly, the instant writ petition is disposed of.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
September 30, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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