Allahabad High Court
DR MRS RAINA NIVEDITA SAMUEL AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The petition is disposed of as the final report has been filed and no ground exists to quash the FIR.
Summary
Petitioners Dr. Raina Nivedita Samuel and two others filed a criminal miscellaneous writ petition seeking the quash of FIR No. 0181 of 2026, registered under sections 318(4), 336(3), 338 and 340(2) of the B.N.S., and a direction restraining their arrest. They contended that the investigation had been completed and the final report had already been filed before the court. The State, represented by the Additional Government Advocate, did not dispute the filing of the final report. The court, noting the petitioners' submission and the absence of any objection from the State, found no merit in keeping the petition pending. Consequently, the court disposed of the writ petition without granting the relief sought. The order was pronounced on 8 September 2026 by Judges Tarun Saxena and Chandra Dhari Singh.
Issues considered
- Whether the FIR registered under sections 318(4), 336(3), 338 and 340(2) of the B.N.S. can be quashed by the High Court.
- Whether the petition should be dismissed on the ground that the investigation is complete and the final report has been filed.
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 340(2)
Subjects
- FIR quash
- criminal procedure
- writ petition
- section 318
- section 336
- section 338
- section 340
- disposal of petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21320 of 2026
Dr Mrs Raina Nivedita Samuel And 2
Others .....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sankalp Narain, Bindeshwari
Prashad Tiwari
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 21.08.2026
registered as FIR No.0181 of 2026, under Sections 318(4),
336(3), 338, 340(2) of B.N.S., Police Station-Cantt.,
Commissionerate Prayagraj, District-Prayagraj and for a
direction to the respondents not to arrest the petitioners in
pursuance of impugned First Information Report.
2. Heard learned counsel appearing on behalf of the petitioners
and learned AGA appearing on behalf of the State.
3. Learned counsel appearing on behalf of the petitioners
submitted that in the instant matter, after completion of
investigation, final report has been forwarded before the
concerned Court. He further prayed and submitted that in view
of the aforesaid the instant writ petition may be disposed of.
4. Learned A.G.A. appearing on behalf of State has not
disputed the aforesaid facts.
5. Taking into consideration the submissions advanced by
learned counsel for the petitioner and no objection made by
CRLP No. 21320 of 2026
2
learned A.G.A. and the fact that the final report has been filed,
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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