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The petition was dismissed as withdrawn, with no merits considered.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 Consequently, the petition was dismissed as withdrawn without addressing the substantive issues.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
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