Allahabad High Court
IMRAN ALI AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no ground to entertain the reliefs sought.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 01.07.2026 (Case Crime No. 0139 of 2026) and a mandamus directing the police not to arrest them. The State, through the learned Additional Government Advocate, informed the Court that a charge‑sheet had already been filed on 12.07.2026. In view of this development, the petitioners themselves requested that the petition be disposed of. After hearing both sides, the Court found no reason to keep the matter pending and dismissed the writ petition.
Issues considered
- Whether the FIR dated 01.07.2026 can be quashed by a writ of certiorari.
- Whether a mandamus can be issued directing the police not to arrest the petitioners in connection with the FIR.
Legislation cited
- BNS — s. 115(2), 351(2), 352
Subjects
- writ petition
- FIR quash
- mandamus
- criminal procedure
- High Court
- charge‑sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20703 of 2026
Imran Ali And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girja Shankar Prajapati
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 by the petitioners with the
following main reliefs:-
"i. Issue a writ, order or direction in the nature of certiorari to quash the
impugned First Information Report 01.07.2026 registered as Case Crime
No. 0139 of 2026, under Sections 115(2), 352, 351(2) of BNS, Police
Station Khakhreru, District Fatehpur (Annexure no. 1).
ii. Issue a writ, order or direction in the nature of mandamus directing the
respondents not to arrest the petitioners in presence of the impugned First
Information Report dated 01.07.2026 registered as Case Crime No. 0139
of 2026, under Sections 115(2), 352, 351(2) of BNS, Police Station
Khakhreru, District Fatehpur."
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation charge-sheet has already been forwarded on
12.07.2026 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.
4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.K.
Ojha, learned A.G.A. appearing on behalf of the State and perused the
material available on record.
CRLP No. 20703 of 2026
2
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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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