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Allahabad High Court

MOHD. SHAHVEZ AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to the petitioners as prayed.

Summary

Petitioners filed a criminal miscellaneous writ petition challenging the registration of FIR dated 19.08.2026 (Case Crime No. 404 of 2026) under Sections 69, 316(2), 351(2), 352 and 78 of the BNS, seeking its quash and a mandamus directing the State not to arrest or harass them. After hearing, the petitioners’ counsel requested leave to withdraw the petition, stating they would pursue other remedies. The State’s counsel opposed the merits but did not object to the withdrawal request. The Court, noting the petitioners’ request and the lack of objection, granted leave to withdraw. The petition was dismissed as withdrawn without any consideration of the substantive issues.

Issues considered

  • What is the appropriate remedy for quashing the FIR dated 19.08.2026?
  • Whether a writ of mandamus can be issued directing the State not to arrest or harass the petitioners under the impugned FIR?

Legislation cited

  • BNS — s. 316(2), 351(2), 352, 69, 78

Subjects

  • writ petition
  • quashing FIR
  • mandamus
  • withdrawal
  • criminal procedure

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 21214 of 2026

Mohd. Shahvez And 3 Others
                                                                .....Petitioner(s)
                                       Versus

State Of U.P. And 2 Others
                                                              .....Respondent(s)

Counsel for Petitioner(s)          : Saurabh Tripathi, Shantanu Srivastava
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 seeking the following main
reliefs:-

      "(I). Issue a writ, order or direction in the nature of certiorari for
      quashing the impugned FIR dated 19.08.2026 as Case Crime No.
      404 of 2026 under Sections 69, 316 (2), 351 (2), 352, 78 of BNS,
      P.S. Najibabad, District Bijnor.

      (II) Issue a writ, order or direction in the nature of mandamus
      directing the respondents not to arrest or harass the petitioners in
      pursuance of the impugned FIR dated 19.08.2026 as Case Crime
      No. 404 of 2026 under Sections 69, 316 (2), 351 (2), 352, 78 of
      BNS, P.S. Najibabad, District Bijnor. "

2. Learned counsel appearing on behalf of the petitioners, after some length
of arguments, without pressing the matter on merits prayed for leave to
withdraw the present petition with liberty to avail appropriate remedy
available under the law, as advised.

3. Learned A.G.A. appearing on behalf of the State-respondents vehemently
opposed the petition on merits, but has not objected the innocuous prayer
made by learned counsel appearing on behalf of the petitioners for granting
leave to withdraw the instant writ petition.

4. Taking into consideration the submissions and prayer made by learned
                                                                                            CRLP No. 21214 of 2026
                                                                    2


                                    counsel appearing on behalf of the petitioners and no objection made by
                                    learned counsel appearing on behalf of the State-respondents, leave granted.

                                    5. Without entering into merits of the case, the instant writ petition is
                                    dismissed as withdrawn with liberty as prayed.



                                                                (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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