Created by Fuzzy Cloud

Allahabad High Court

SIKANDARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition was dismissed as withdrawn, with no merits considered.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 16‑07‑2026 and a mandamus to restrain their arrest under several sections of the BNS. After arguing, the petitioner's counsel requested leave to withdraw the petition, stating they would pursue other remedies. The State's counsel opposed the merits but did not object to the withdrawal request. The Court, noting the lack of objection, granted leave to withdraw. Consequently, the petition was dismissed as withdrawn without addressing the substantive issues.

Issues considered

  • Whether the FIR dated 16‑07‑2026 can be quashed under the listed sections of the BNS.
  • Whether a mandamus can be issued to restrain the arrest of the petitioners under the same sections.

Legislation cited

  • BNS — s. 318(4), 319(2), 336(3), 338, 340(2)

Subjects

  • writ petition
  • quashing FIR
  • mandamus
  • withdrawal of petition
  • criminal procedure

Judgment

              HIGH COURT OF JUDICATURE AT ALLAHABAD

            CRIMINAL MISC. WRIT PETITION No. - 20126 of 2026

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

Counsel for Petitioner(s)         :   Maksood Ahmad, Mohd. Afzal Ansari, Sana
                                      Siddiqui
Counsel for Respondent(s)         :

Court No. - 48
                    HON'BLE CHANDRA DHARI SINGH, J.
                    HON'BLE TARUN SAXENA, J.

1. The instant writ petition has been filed seeking the following main
reliefs:-

      "(I). Issue a writ, order or direction in the nature of certiorari for
      quashing the impugned FIR dated 16.07.2026 as Case Crime No.
      246 of 2026 under Sections 319(2), 318 (4), 338, 336 (3), 340 (2)
      of BNS, P.S. Shahganj, District Jaunpur.

      (II) Issue a writ, order or direction in the nature of mandamus
      directing the respondent nos.2 & 3 not to arrest the petitioners in
      pursuance of FIR dated 16.07.2026 as Case Crime No. 246 of
      2026 under Sections 319(2), 318 (4), 338, 336 (3), 340 (2) of
      BNS, P.S. Shahganj, District Jaunpur. "

2. Learned counsel appearing on behalf of the petitioner, after some length
of arguments, without pressing the matter on merits prayed for leave to
withdraw the present petition with liberty to avail appropriate remedy
available under the law, as advised.

3. Learned A.G.A. appearing on behalf of the State-respondents vehemently
opposed the petition on merits, but has not objected the innocuous prayer
made by learned counsel appearing on behalf of the petitioner for granting
leave to withdraw the instant writ petition.

4. Taking into consideration the submissions and prayer made by learned
counsel appearing on behalf of the petitioner and no objection made by
                                                                                             CRLP No. 20126 of 2026
                                                                    2


                                    learned counsel appearing on behalf of the State-respondents, leave granted.

                                    5. Without entering into merits of the case, the instant writ petition is
                                    dismissed as withdrawn with liberty as prayed.



                                    September 17, 2026                  (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    C. MANI




Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.