Allahabad High Court
MUDIT JAINversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed as there was nothing left for adjudication after the final investigation report was filed.
Summary
Petitioner Mudit Jain filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 16‑04‑2026 and a mandamus directing the police not to arrest him. The FIR alleged offences under numerous sections of the BNS, 2023. The State’s Additional Government Advocate informed the court that the statutory investigation was completed and the investigating officer had submitted a final report on 10‑07‑2026, which was also forwarded to the concerned court. The petitioner’s counsel, after hearing the AGA, indicated that the petition could be disposed of in view of the final report. The Court held that with the investigation concluded and the final report filed, there was no matter left for adjudication and dismissed the writ petition.
Issues considered
- What is the appropriate remedy when a criminal investigation has been completed and a final report filed?
- Can a writ of certiorari or mandamus be entertained to quash an FIR after the investigation is concluded?
Legislation cited
- BNS, 2023 — s. 2(14), 2(15), 2(31), 2(38), 2(7), 2(8), 2(9), 318(1), 318(4), 335, 336(2), 338, 340(2), 3(5), 60, 61(2)
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal investigation
- final report
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20080 of 2026
Mudit Jain
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satish Chaturvedi
Counsel for Respondent(s) : G.A.
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 certiorari quashing the
impugned first information report dated 16.04.2026 registered as Case
Crime No. 0108 of 2026, under Sections 2(7), 2(8), 2(9), 2(14), 2(15),
2(31), 2(38), 318(1), 318(4), 335, 336(2), 338, 340(2), 60, 61(2), 3(5) of
BNS, 2023 Police Station Hari Parwat, District Agra.
ii. Issue a writ, order or direction in the nature of mandamus directing the
respondent no.2 not to arrest or harass the petitioner in pursuance to the
impugned first information report dated 16.04.2026 registered as Case
Crime No. 0108 of 2026, under Sections 2(7), 2(8), 2(9), 2(14), 2(15),
2(31), 2(38), 318(1), 318(4), 335, 336(2), 338, 340(2), 60, 61(2), 3(5) of
BNS, 2023 Police Station Hari Parwat, District Agra."
2. Mr. Satyendra Nath Tiwari, learned AGA submitted and apprised the
Court that after completion of the statutory investigation, the Investigating
Officer has submitted final report on 10.07.2026 and the same was also
forwarded to the court concerned.
3. At this juncture, learned counsel for the petitioner submits that in the
light of the statement given by the learned AGA, the instant writ petition
may be disposed of.
4. Heard Mr. Satish Chaturvedi, learned counsel for the petitioner and Mr.
Satyendra Nath Tiwari, learned AGA appearing for the State-respondents.
CRLP No. 20080 of 2026
2
5. Taking into consideration the statement given by the learned AGA and
the prayer made by the learned counsel for the petitioner as well as the
fact that after completion of the investigation, Investigating Officer has
submitted the final report and the same was also forwarded to the court
concerned, nothing left in this petition for further adjudication.
6. Accordingly, the writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 17, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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