Allahabad High Court
SYED ASAD ALI AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was disposed of, as the charge sheet had been filed and no further adjudication was required.
Summary
Petitioners Syed Asad Ali and others filed a writ petition seeking a certiorari to quash an FIR dated 21 July 2026 and a mandamus to restrain the State from arresting them. The FIR alleged offences under Sections 191(2), 115(2), 352 and 351(3) of the Indian Penal Code. The State’s Additional Government Advocate informed the court that the investigating officer had completed the investigation and filed a charge sheet on 24 August 2026, which was forwarded to the concerned court. The petitioners, after hearing the AGA’s statement, asked for the petition to be disposed with liberty to pursue appropriate remedies. The bench held that, given the pending charge sheet, there was no ground to keep the writ petition alive and disposed of it as prayed.
Issues considered
- Whether the FIR dated 21.07.2026 can be quashed by a writ of certiorari.
- Whether a mandamus can be issued to restrain the State from arresting the petitioners.
Legislation cited
- Indian Penal Code — s. 115(2), 191(2), 351(3), 352
Subjects
- Criminal Procedure
- Writ of Certiorari
- Mandamus
- FIR Quash
- Charge Sheet
- Investigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20684 of 2026
Syed Asad Ali And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Waseem
Counsel for Respondent(s) : G.A., Ram Anuj Prajapati
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. A writ, order or direction in the nature of writ of certiorari quashing
the impugned first information report dated 21.07.2026 registered as Case
Crime No. 0368 of 2026, under Sections 191(2), 115(2), 352, 351(3) BNS,
Police Station Cantt., District Varanasi (Annexure no.1 to the writ
petition) against the petitioners.
ii. A writ, order or direction in the nature of mandamus commanding the
respondents no.2 and 3 not to take coercive measures or arrest the
petitioners."
2. Mr. Rajesh Kumar Gupta, learned AGA submitted and apprised the
Court that after completion of the statutory investigation, the Investigating
Officer has submitted charge sheet on 24.08.2026 and the same was also
forwarded to the court concerned.
3. At this juncture, learned counsel for the petitioners submits that in view
of the statement given by the learned AGA, this writ petition may be
disposed of with liberty to avail appropriate remedy before appropriate
forum.
4. Heard learned counsel for the petitioners and learned AGA appearing
for the State-respondents as well as learned counsel appearing for the
respondent no.4.
CRLP No. 20684 of 2026
2
5. Taking into consideration the statement given by the learned AGA and
the prayer made by the learned counsel for the petitioners as well as the
fact that after investigation, the Investigating Officer has submitted the
charge sheet on 24.08.2026 and the same was also forwarded to the court
concerned, we do not find any reason to keep the matter pending for
further adjudication.
6. Accordingly, the writ petition is disposed of with liberty as prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 28, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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