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Allahabad High Court

SONARA DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition was dismissed as withdrawn, with liberty to the petitioner to pursue other appropriate remedies.

Summary

Petitioner Sonara Devi filed a criminal miscellaneous writ petition seeking (1) a certiorari to quash an FIR dated 03.08.2026 under Sections 80(2), 85 of the BNS Act read with Sections 3/4 of the D.P. Act, and (2) a mandamus directing the State not to arrest her under the same FIR. After hearing, the petitioner’s counsel requested leave to withdraw the petition, offering to pursue other remedies, and the State’s counsel raised no objection to the withdrawal. The Court, noting the lack of objection, granted leave to withdraw. Without addressing the merits, the Court dismissed the writ petition as withdrawn, granting the petitioner liberty to seek appropriate relief elsewhere.

Issues considered

  • Whether the FIR dated 03.08.2026 can be quashed by a writ of certiorari.
  • Whether a writ of mandamus can be issued to restrain the State from arresting the petitioner under the said FIR.

Legislation cited

Subjects

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

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 21344 of 2026

Sonara Devi
                                                               .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)        : Amit Kumar Shukla, Narsingh Bahadur
                                   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 03.08.2026 bearing Case
      Crime No. 279 of 2026, under Sections 80(2), 85 of BNS read
      with Section 3/4 of D.P. Act, Police Station Sikrara, District
      Jaunpur.

      (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 03.08.2026 bearing Case Crime No.
      279 of 2026, under Sections 80(2), 85 of BNS read with Section
      3/4 of D.P. Act, Police Station Sikrara, District Jaunpur."

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.
                                                                                            CRLP No. 21344 of 2026
                                                                    2


                                    4. Taking into consideration the submissions and prayer made by learned
                                    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


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