Allahabad High Court
INFORMANTversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no ground to keep the matter pending.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 07.05.2026 registered under Sections 75 and 115(2) of the BNS and Sections 7 and 8 of the POCSO Act, and a writ of mandamus directing the arrest of a third respondent to ensure a fair investigation. The State, through the learned Additional Government Advocate, informed the Court that the investigation had been completed, the charge‑sheet had already been filed, and cognizance had been taken by the trial court. Upon hearing the parties, the petitioners themselves requested that the petition be disposed of in view of the State’s submission. The Court found no merit in continuing the proceedings and dismissed the writ petition. The dismissal effectively leaves the FIR and the ongoing criminal proceedings untouched.
Issues considered
- What is the appropriate remedy, if any, for a petitioner seeking to quash an FIR and compel arrest when the charge‑sheet has already been filed and cognizance taken?
Legislation cited
Subjects
- writ of certiorari
- writ of mandamus
- FIR quash
- POCSO Act
- charge sheet
- cognizance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21773 of 2026
Smt. Somwati
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradeep Kumar
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 by the petitioners with the
following main reliefs:-
"(i) issue a writ, order or direction in the nature of writ of
Certiorari for quashing the impugned First Information Report
dated 07.05.2026 registered as Case Crime No. 0154 of 2026,
under Sections 75, 115 (2) of BNS and Section 7/8 of POCSO
Act,, Police Station Dataganj, District Budaun (Annexure No. 1
to the writ petition) and submit the charge sheet expeditiously
within a short period so expeditiously by this Court.
(ii) issue a writ, order or direction in the of Mandamus
commanding the respondent no.3 to arrest to the monitor and
ensure the fair ad impartial investigation pursuant to the First
Information Report dated 07.05.2026 registered as Case Crime
No. 0154 of 2026, under Sections 75, 115 (2) of BNS and Section
7/8 of POCSO Act,, Police Station Dataganj, District Budaun."
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation charge-sheet has already been submitted to the
Court concerned and the cognizance has already been taken by the court
concerned.
3. At this juncture, learned counsel appearing on behalf of petitioner
submitted and prayed that in the light of the statement given by learned
AGA for the State the instant writ petition may be disposed of.
CRLP No. 21773 of 2026
2
4. Heard learned counsel appearing on behalf of the petitioner, Mr. S.K.
Ojha, learned A.G.A. appearing on behalf of the State and perused the
material available on record.
5. Taking into consideration the submissions advanced by the learned
A.G.A. appearing on behalf of the State as well as prayer made by learned
counsel appearing on behalf of petitioner, we do not find any reason to keep
this matter pending for further adjudication.
6. Accordingly, the instant writ petition is dismissed.
September 17, 2026 (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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