Allahabad High Court
KAUSHAL KATIYARversusSTATE OF U.P. AND 9 OTHERS
- Decided
Holding
The petition was disposed of without quashing the FIR as the charge‑sheet had already been filed.
Summary
Petitioner Kaushal Katiyar filed a writ petition seeking quash of an FIR dated 24.01.2026 under IPC sections 191(2), 191(3), 352 and 351(3) B.N.S., and a direction restraining his arrest. The State, represented by the Additional Government Advocate, informed the Court that a charge‑sheet had already been filed on 15.07.2026. The petitioner, after hearing, requested that the petition be disposed of in view of the charge‑sheet filing. The Court noted that the charge‑sheet’s submission removed any necessity to keep the petition pending. Consequently, the Court disposed of the writ petition without granting the relief sought.
Issues considered
- Whether the FIR registered under sections 191(2), 191(3), 352 and 351(3) B.N.S. can be quashed.
- Whether a direction can be issued to prevent the arrest of the petitioner pending trial.
Legislation cited
- Indian Penal Code — s. 191(2), 191(3), 351(3), 352
Subjects
- Criminal Procedure
- First Information Report
- Quash Petition
- Charge Sheet
- Arrest
- IPC Sections 191, 352, 351
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21319 of 2026
Kaushal Katiyar
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Radhey Shyam Yadav
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 with the prayer to
quash the impugned First Information Report dated 24.01.2026
registered as Case Crime No.34 of 2024, under Sections
191(2), 191(3), 352, 351(3) B.N.S., Police Station - Kotwali
Fatehgarh, District - Farrukhabad and for a direction to the
respondent no. 3 not to arrest the petitioner in pursuance of
impugned First Information Report.
2. Heard learned counsel appearing on behalf of the petitioner
and 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 15.07.2026 before the concerned Court.
4. At this juncture, learned counsel appearing on behalf of the
petitioner submitted and prayed that the instant writ petition
may be disposed of in light of the statement given by the
learned A.G.A.
5. Taking into consideration the submissions advanced by
CRLP No. 21319 of 2026
2
learned counsel for the parties and the fact that charge sheet
has already been forwarded, 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 disposed of.
September 8,
2026
SK Srivastava
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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