Allahabad High Court
SULOCHANA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed, granting the petitioners liberty to avail appropriate remedies.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 11‑07‑2026 and a mandamus directing the police not to arrest them under several penal provisions. The State, through the learned Additional Government Advocate, informed the Court that charge‑sheets had already been filed against the petitioners and the final reports were forwarded to the concerned court. In light of this development, the petitioners prayed for liberty to pursue any appropriate remedy under law. The Court examined the submissions and found no justification to keep the petition pending. Consequently, the Court dismissed the writ petition, granting the petitioners the liberty they sought to seek other remedies.
Issues considered
- Whether the FIR dated 11‑07‑2026 can be quashed under the listed penal provisions.
- Whether a mandamus can be issued to restrain the police from arresting the petitioners.
- Whether the petition should be dismissed in view of the charge‑sheet being filed and the petitioners' request for liberty.
Legislation cited
- B.N.S. — s. 85
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(3), 352, 89
Subjects
- writ petition
- quash FIR
- mandamus
- criminal procedure
- liberty
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19902 of 2026
Sulochana And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Birendra Singh, Shivangi Singh, Yash
Pratap Singh
Counsel for Respondent(s) : Akhilesh Kumar Ojha, G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioners with the
following main reliefs:-
"i) Issue a writ, order or direction in nature of certiorari to quash/set
aside the impugned first information report dated 11.07.2026, bearing
Case Crime No. 0098 of 2026, under Sections 89, 351(3), 352, 115 (2), 85
B.N.S. and Section 3/4 D.P. Act, Police Station-Ervakatara, District-
Auraiya, during the pendency of the present writ petition before this
Hon'ble Court.
ii) Issue a writ, order or direction in the nature of mandamus
commanding to the respondent authorities not to arrest the petitioners in
Case Crime No. 0098 of 2026, under Sections 89, 351(3), 352, 115(2), 85
B.N.S. and Section 3/4 D.P. Act, Police Station-Ervakatara, District-
Auraiya."
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation charge-sheet has already been forwarded on
03.09.2026 qua petitioner no.1 and final report has already been
forwarded qua petitioner no.2 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 with liberty
CRLP No. 19902 of 2026
2
to avail appropriate remedy under the law as advised.
4. Heard learned counsel appearing on behalf of the petitioners, Mr.
Akhilesh Kumar Ojha, learned counsel appearing on behalf of respondent
no.4, Mr. S.K. Ojha, 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 as well as prayer made by
learned counsel appearing on behalf of petitioners, we do not find any
reason to keep this matter pending for further adjudication.
6. Accordingly, the instant writ petition is dismissed with liberty as
prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…