Created by Fuzzy Cloud

Allahabad High Court

OM PRAKASH KUSHWAHAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to the petitioner to seek other remedies.

Summary

The petitioner, Om Prakash Kushwaha, filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 20.08.2026 under Sections 106 and 123 of the BNS and a mandamus to restrain his arrest. After arguing, the petitioner’s counsel requested leave to withdraw the petition, offering to pursue other remedies. The State’s counsel opposed the merits but did not object to the withdrawal request. The High Court, noting the lack of objection, granted leave to withdraw the petition. Consequently, the court dismissed the writ petition as withdrawn without addressing the substantive issues.

Issues considered

  • Whether the FIR dated 20.08.2026 under Sections 106 and 123 of the BNS can be quashed.
  • Whether a writ of mandamus can be issued to prevent the arrest of the petitioner.

Legislation cited

  • BNS — s. 106, 123

Subjects

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

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 21337 of 2026

Om Prakash Kushwaha
                                                             .....Petitioner(s)
                                       Versus

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

Counsel for Petitioner(s)          : Harshdeep Kushwaha, Shalini Singh
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:-

      "(1). Issue a writ, order or direction in the nature of certiorari
      quashing the impugned F.I.R. dated 20.08.2026 bearing Case
      Crime No. 0418 of 2026, under Sections 106 and 123 of BNS,
      Police Station Kotwali Nagar, District Banda.

      (2) Issue a writ, order or direction in the nature of mandamus
      commanding the respondents not to arrest the petitioners pursuant
      to the impugned FIR dated 20.08.2026 bearing Case Crime No.
      0418 of 2026, under Sections 106 and 123 of BNS, Police Station
      Kotwali Nagar, District Banda."

2. Learned counsel appearing on behalf of the petitioner, 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 petitioner for granting
leave to withdraw the instant writ petition.

4. Taking into consideration the submissions and prayer made by learned
                                                                                            CRLP No. 21337 of 2026
                                                                    2


                                    counsel appearing on behalf of the petitioner 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 8, 2026
                                    C. MANI




Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.