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Allahabad High Court

OMPRAKASH GOND AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition was dismissed as withdrawn, granting the petitioners liberty to seek appropriate remedies.

Summary

Petitioners Omprakash Gond and another filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 03.08.2026 (Crime No. 279 of 2026) under Sections 80(2), 85 of the BNS Act and Sections 3/4 of the D.P. Act, and a mandamus directing the State not to arrest 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. Consequently, the petition was dismissed as withdrawn without any consideration of the merits.

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 arrest of the petitioners

Legislation cited

Subjects

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

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 21356 of 2026

Omprakash Gond And Another
                                                               .....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., Pushpendra Kumar Yadav

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 and
      Section 3/4 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 petitioner pursuant
      to the impugned FIR dated 03.08.2026 bearing Case Crime No.
      279 of 2026, under Sections 80(2), 85 of BNS and Section 3/4
      D.P. Act, Police Station Sikrara, District Jaunpur."

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. 21356 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 8, 2026
                                    C. MANI




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

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