Allahabad High Court
AMRITPAL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court disposed of the writ petition, granting the petitioners liberty to seek appropriate remedy, as the charge‑sheet had already been filed.
Summary
Petitioners Amritpal and another filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash an FIR dated 16‑01‑2026 and a writ of mandamus to restrain the police from arresting them. The FIR alleged offences under sections 191(2), 190, 115(2), 352, 351(2), 109(1) and 305(a) of the BNS. The State, through its Additional Government Advocate, informed the Court that the investigating officer had already filed a charge‑sheet on 25‑06‑2026, which had been forwarded to the concerned court. The petitioners, acknowledging this development, prayed for the dismissal of the writ petition with liberty to pursue any appropriate remedy before the appropriate court. The Court, noting that the charge‑sheet had been filed and there was no merit in keeping the petition pending, disposed of the writ petition, granting the petitioners the liberty they sought. The order was pronounced by Judges Tarun Saxena and Chandra Dhari Singh on 21‑09‑2026.
Issues considered
- What is the appropriate remedy when a charge‑sheet has already been filed against the petitioners?
- Whether a writ of certiorari can be issued to quash an FIR after the charge‑sheet is filed
- Whether a writ of mandamus can be directed to restrain police from arresting the petitioners in the present circumstances
Legislation cited
- BNS — s. 109(1), 115(2), 190, 191(2), 305(a), 351(2), 352
Subjects
- writ of certiorari
- writ of mandamus
- FIR quash
- charge sheet
- criminal procedure
- High Court of Allahabad
- petition disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22029 of 2026
Amritpal And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Prajapati
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 with the following main reliefs:-
"(i). issue a writ, order or direction in the nature of writ of
certiorari quashing the impugned first information report dated
16.01.2026 bearing as Case Crime No.0011 of 2026, under
Sections 191(2), 190, 115(2), 352, 351(2), 109(1), 305(a) of BNS,
Police Station- Adarsh Mandi, District-Shamli (Contained in
Annexure No.2 to the writ petition).
(ii). issue a writ, order or direction in the nature of mandamus
commanding the respondent no.3 not to take any coercive action
against the petitioners and not arrest the petitioners in pursuance
of impugned First Information Report dated 16.01.2026 bearing
as Case Crime No.0011 of 2026, under Sections 191(2), 190,
115(2), 352, 351(2), 109(1), 305(a) of BNS, Police Station-
Adarsh Mandi, District-Shamli."
2. Learned AGA appearing for the State-respondents submitted and apprised
the Court that after completion of the statutory investigation, the
Investigating Officer has submitted charge sheet on 25.06.2026 and the same
was also forwarded to the court concerned.
3. At this juncture, learned counsel for the petitioners submitted and prayed
that in view of the statement given by the learned AGA, the instant writ
petition may be disposed of with liberty to take appropriate remedy before
appropriate court.
CRLP No. 22029 of 2026
2
4. Heard Mr. S.K. Sharma, holding brief of Mr. Ramesh Prajapati, learned
counsel for the petitioners and Mr. Kailash Prakash Pathak, learned AGA
appearing for the State-respondents as well as Mr. Veerpal Singh, holding
brief of Ms. Chaman Aara, learned counsel appearing for the respondent
no.3.
5. Taking into consideration the statement given by the learned AGA, the
prayer made by the learned counsel for the petitioners as well as the fact that
after investigation the charge sheet has already been submitted 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 disposed of with liberty as prayed.
(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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