Allahabad High Court
SANJAY KUMAR GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court dismissed the writ petition, finding no merit to quash the FIR or issue mandamus.
Summary
Petitioner Sanjay Kumar Gupta filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 18 July 2026 under sections 115(2), 351(2) and 352 of the B.N.S., 2023, and a mandamus directing the State not to arrest him. The State filed a charge‑sheet on 20 August 2026, after which the petitioner’s counsel requested disposal of the petition in view of the completed investigation. The Court examined the submissions and noted that the charge‑sheet had already been filed, leaving no substantive ground to interfere with the FIR or to restrain arrest. Consequently, the Court found no reason to keep the petition pending. The writ petition was therefore dismissed.
Issues considered
- Whether the FIR dated 18‑07‑2026 under sections 115(2), 351(2) and 352 of the B.N.S., 2023 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued directing the respondents not to arrest the petitioner in pursuance of the FIR.
Legislation cited
- B.N.S., 2023 — s. 115(2), 351(2), 352
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- chargesheet
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21202 of 2026
Sanjay Kumar Gupta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Madan Mohan Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed seeking following main
reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari to
quash the impugned First Information Report dated 18.07.2026
bearing Case Crime No. 273 of 2026 under Sections 115(2),
351(2), 352 of B.N.S., 2023 registered at Police Station-
Manjhanpur, District-Kaushambi.
(ii) Issue a writ, order or direction in the nature of Mandamus
directing to respondents not to arrest the Petitioners in pursuance
to the impugned F.I.R. and not to adopt any coercive action
against the petitioner."
2. Learned A.G.A. has submitted that after completion of
investigation, chargesheet has been forwarded on 20.08.2026.
3. At this juncture, learned counsel appearing on behalf of the
petitioner submitted and prayed that the instant writ petition may
be disposed of the light of the statement given by learned A.G.A.
4. Heard Mr. Madan Mohan Srivastava, learned counsel
appearing on behalf of the petitioner, Mr. K.P. Pathak, learned
A.G.A. appearing on behalf of the State-respondents and perused
the material on record.
5. Taking into consideration the submissions advanced by learned
counsel for the parties and the fact that final report has already
CRLP No. 21202 of 2026
2
been submitted, we do not find any good reason to keep this
petition pending for further adjudication.
6. In view of the above, the instant writ petition is dismissed.
September 14,
2026
Shweta (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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