Allahabad High Court
SHIVAM CHATURVEDIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition was dismissed as there was no ground to keep it pending after the charge‑sheet was filed and cognizance taken.
Summary
Shivam Chaturvedi filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash an FIR dated 21 June 2026 (Case Crime No. 0350/2026 under Section 74 B.N.S) and a writ of mandamus directing the State not to arrest him. The State, represented by the learned Additional Government Advocate, informed the Court that the investigation had been completed, a charge‑sheet had been filed, cognizance taken and charges framed on 29 August 2026. The petitioner, after hearing, requested that the petition be disposed of in view of the State’s statement. The Court, after considering the submissions and noting that the charge‑sheet and framing of charges were already completed, found no merit in continuing the petition. Consequently, the Court dismissed the writ petition.
Issues considered
- Whether a writ of certiorari to quash an FIR and a writ of mandamus to restrain arrest can be entertained after the charge‑sheet has been filed, cognizance taken and charges framed.
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- cognizance
- charge sheet
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22063 of 2026
Shivam Chaturvedi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Tripathi
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
relief:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the
impugned F.I.R. dated 21.6.2026 (Annexure no.1 to this writ petition) as
registered the Case Crime No 0350/2026 Under Section 74 B.N.S Police
Station Kotwali Orai District Jalaun.
(ii) Issue a writ, order or direction in the nature of Mandamus directing the
respondent no. 2not to arrest the petitioner in pursuance of the impugned
F.I.R. dated 21.6.2026 (Annexure no.1 to this writ petition) as registered the
Case Crime No 0350/2026 Under Section 74 B.N.S Police Station Kotwali
Orai, District Jalaun."
2. Learned A.G.A. appearing on behalf of State-respondents has
submitted that after completion of investigation, charge-sheet has
been forwarded before the court concerned, cognizance thereupon
has been taken, and charge has also been framed on
29.08.2026.
3. At this juncture, learned counsel appearing on behalf of the
petitioner 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 learned counsel appearing on behalf of the petitioner,
learned A.G.A. appearing on behalf of the State-respondents and
CRLP No. 22063 of 2026
2
perused the material on record.
5. Taking into consideration the submissions advanced by learned
counsel for the parties and the fact that charge-sheet has already
been forwarded, cognizance has been taken and charge has been
made, 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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 21, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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