Allahabad High Court
SOFIYAN AHMADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court dismissed the writ petition as there was no ground to keep it pending after the charge sheet was filed.
Summary
Petitioner Sofiyan Ahmad filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 10.05.2026 under Sections 110 and 352 of the BNS, and a writ of mandamus to restrain the police from arresting him. The State, through the learned Additional Government Advocate, informed the Court that the investigation was completed and a charge sheet had been filed on 17.05.2026 and forwarded to the concerned court. The petitioner, after hearing the AGA’s statement, indicated that the petition could be disposed of. The Court considered that the filing of the charge sheet removed any basis for further adjudication of the writ. Consequently, the Court found no reason to keep the matter pending and dismissed the writ petition.
Issues considered
- Whether a writ of certiorari can be issued to quash an FIR after a charge sheet has been filed.
- Whether a writ of mandamus can be directed to prevent arrest of the petitioner after the charge sheet is filed.
Legislation cited
- BNS — s. 110, 352
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- charge sheet
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22026 of 2026
Sofiyan Ahmad
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nandini Pandey, Shubham Maurya
Counsel for Respondent(s) : G.A., Suryank Tripathi
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed with the following main reliefs:-
"i. Issue a writ, order or direction in the nature of writ of certiorari
quashing the first information report dated 10.05.2026, registered as Case
Crime No. 0108 of 2026, under Sections 110, 352 of BNS, Police Station
Gambhirpur, District Azamgarh against petitioner.
ii. Issue a writ, order or direction in the nature of mandamus commanding
respondent no.2 and 3 not to arrest the petitioner in pursuance of
impugned first information report dated 10.05.2026, registered as Case
Crime No. 0108 of 2026, under Sections 110, 352 of BNS, Police Station
Gambhirpur, District Azamgarh."
2. Mr. Rajesh Kumar Gupta, learned AGA submitted and apprised the
Court that after completion of the statutory investigation, the Investigating
Officer has submitted charge sheet on 17.05.2026 and the same was also
forwarded to the court concerned.
3. At this juncture, learned counsel for the petitioner submits that in view
of the statement given by the learned AGA, this writ petition may be
disposed of.
4. Heard learned counsel for the petitioner, learned AGA appearing for
the State-respondents as well as Mr. Suryank Tripathi, learned counsel
appearing for the respondent no.4.
CRLP No. 22026 of 2026
2
5. Taking into consideration the statement given by the learned AGA, the
prayer made by the learned counsel for the petitioner as well as the fact
that after investigation charge sheet has been submitted on 17.05.2026
and the same was also forwarded to the court concerned, we do not find
any reason to keep the matter pending for further adjudication.
6. Accordingly, the writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 21, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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