Allahabad High Court
UJJWAL KUMAR JAISAWALversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed.
Summary
Petitioner Ujjwal Kumar Jaisawal filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 27‑07‑2026 (Crime No. 0228/2026) under sections 331(3) and 305 of the BNS, 2023, and a mandamus directing the State not to arrest him. The State, through the learned Additional Government Advocate, informed the Court that the investigation had been completed and a final report was submitted on 23‑08‑2026. After hearing both sides, the Court observed that with the final report already filed there was no justification to keep the petition pending. Consequently, the Court dismissed the writ petition. The dismissal effectively leaves the FIR and any subsequent arrest proceedings untouched.
Issues considered
- Whether the FIR dated 27‑07‑2026 can be quashed by a writ of certiorari.
- Whether a mandamus can be issued to restrain the arrest of the petitioner.
- Whether the petition should be dismissed after the State submits the final investigation report.
Legislation cited
- BNS, 2023 — s. 305, 331(3)
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- arrest restraint
- final investigation report
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21373 of 2026
Ujjwal Kumar Jaisawal
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajneesh Kumar Srivastava, Smt. Priyanka
Srivastava
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 seeking following main
reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the
impugned First Information Report dated 27.07.2026 in Case Crime No. 0228
of 2026, U/s 331(3), 305 of BNS, 2023 at P.S. -Vishupura, District Kushinagar.
(Annexure No.1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the
respondents not to arrest the Petitioner impugned First Information Report
dated 27.07.2026 in Case Crime No. 0228 of 2026, U/s 331 (3), 305 of BNS,
2023 at P.S. -Vishupura, District Kushinagar."
2. Learned A.G.A. has submitted that after completion of
investigation, final report has been submitted on 23.08.2026.
3. At this juncture, learned counsel appearing on behalf of the
petitioners submitted and prayed that the instant writ petition may
be disposed of in the light of the statement given by learned
A.G.A.
4. Heard Mr. Jagat Singh, learned Advocate holding brief of Mr.
Rajneesh Kumar Srivastava, learned counsel appearing on behalf
CRLP No. 21373 of 2026
2
of the petitioner, Mr. K.P. Pathak, learned A.G.A. appearing on
behalf of the State-respondents and perused the material on
record.
5. Taking into consideration the submissions advanced by learned
counsel for the parties and the fact that final report has already
been submitted, 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 dismissed.
September 8, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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