Allahabad High Court
FURQAN MOHAMMAD KHAN @ CHAND BABU AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court dismissed the writ petition as there was no justification to keep it pending after the charge sheet had been filed.
Summary
Petitioners Furqan Mohammad Khan and others filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash an FIR dated 20 June 2026 and a writ of mandamus to restrain their arrest in a case registered under several sections of the BNS. The State, represented by the learned Additional Government Advocate, informed the Court that the investigation had been completed and a charge sheet was filed on 31 July 2026. The petitioners then requested that the petition be disposed of, relying on the AGA’s statement and indicating they could pursue alternative remedies. The Court examined the submissions, noted that the charge sheet had already been filed, and found no merit in keeping the petition pending. Consequently, the Court dismissed the writ petition.
Issues considered
- What is the appropriate remedy when a charge sheet has already been filed against the petitioners?
- Whether the High Court should entertain a writ petition seeking quash of an FIR and direction not to arrest after the charge sheet is filed.
Legislation cited
- BNS — s. 115(2), 324(2), 333, 351(3), 352
Subjects
- writ petition
- certiorari
- mandamus
- FIR
- charge sheet
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21209 of 2026
Furqan Mohammad Khan @ Chand Babu And 3
Others .....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Abid Ali, Shan Md
Counsel for Respondent(s) : Arvind Srivastava, G.A.
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
quashing the impugned of FIR dated 20.06.2026 in Case Crime
No. 0073 of 2026 under Sections 333, 115 (2), 352, 351 (3), 324
(2) of BNS, P.S. Mugalpura, District Moradabad.
(II) Issue a writ, order or direction in the nature of mandamus
commanding and directing the respondents not to arrest the
petitioners in Case Crime No. 0073 of 2026, under Sections 333,
115 (2), 352, 351 (3), 324 (2) of BNS, P.S. Mugalpura, District
Moradabad."
2. Heard learned counsel appearing on behalf of the petitioners and Mr. S.N.
Tiwari, learned AGA appearing on behalf of the State and perused the
material on record.
3. It is submitted by learned AGA that in the instant matter, after completion
of investigation, charge sheet has been forwarded on 31.07.2026 before the
concerned Court.
4. At this juncture, learned counsel appearing on behalf of the petitioners
submitted and prayed that the instant writ petition may be disposed of in
light of the statement given by the learned A.G.A with liberty to avail
CRLP No. 21209 of 2026
2
alternative remedy under the law.
5. Taking into consideration the submissions advanced by learned counsel
for the parties and the fact that charge sheet 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 accordingly dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 21, 2026
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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