Allahabad High Court
SANTOSH KUMAR CHAUDHARY @ SANTOSH KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed; the FIR is not quashed and no mandamus is issued.
Summary
Petitioners Santosh Kumar Chaudhary and another filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash an FIR dated 24.06.2026 registered under Sections 292, 318(4) and 319(2) of the B.N.S., 2023, and a writ of mandamus directing the State not to arrest them. The State’s Additional Government Advocate informed the Court that a chargesheet had already been filed on 28.07.2026. The petitioners then requested that the petition be disposed of in view of this development. After hearing counsel for both sides, the Court observed that the final report had been submitted and found no justification to keep the petition pending. Consequently, the Court dismissed the writ petition, refusing to quash the FIR or issue any mandamus.
Issues considered
- Whether the FIR registered under Sections 292, 318(4) and 319(2) of the B.N.S., 2023 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued directing the State not to arrest the petitioners pending the criminal proceedings.
- Whether the filing of a chargesheet warrants the dismissal of the pending writ petition.
Legislation cited
- B.N.S., 2023 — s. 292, 318(4), 319(2)
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- B.N.S. 2023
- Allahabad High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21208 of 2026
Santosh Kumar Chaudhary @ Santosh
Kumar And Another .....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Singh, Mohd Kamil,
Pratiksha Pandey
Counsel for Respondent(s) : G.A., Pramod Kumar Singh
Paliwal
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 24.06.2026 registered as
Case Crime No. 0341 of 2026 under Sections 292, 318(4) and 319(2) of
the B.N.S., 2023, Police Station-Kotwali, District-Azamgarh, as well as
consequential proceedings arising therefrom, in the interest of justice.
(Contained as Annexure No. 1).
(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 petitioners."
2. Learned A.G.A. has submitted that after completion of
investigation, chargesheet has been forwarded on 28.07.2026.
3. At this juncture, learned counsel appearing on behalf of the
petitioners 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. Gaurav Singh, learned counsel appearing on behalf
of the petitioners, Mr. Pramod Kumar Singh Paliwal, learned
counsel for the respondent no. 4 as also Mr. K.P. Pathak, learned
A.G.A. appearing on behalf of the State-respondents and perused
the material on record.
CRLP No. 21208 of 2026
2
5. Taking into consideration the submissions advanced by learned
counsel for the parties and the fact that final report has already
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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