Allahabad High Court
RAJNISH KUMAR @ TIPU RAM (MINOR)versusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no merit to entertain the reliefs sought after the charge‑sheet has been filed.
Summary
Petitioner Rajnish Kumar (a minor) filed a criminal miscellaneous writ petition seeking (i) a writ of certiorari to quash an FIR dated 14‑08‑2026 under Sections 137(2) and 87 of the B.N.S., (ii) a writ of mandamus directing the police not to arrest the second petitioner, and (iii) a writ of mandamus directing the police to register the FIR. The State, through the learned Additional Government Advocate, informed the Court that the investigation was complete and a charge‑sheet had been forwarded on 19‑09‑2026. The petitioners were advised that the appropriate remedy could be pursued under the law, and the Court, after hearing counsel, found no justification to keep the petition pending given the charge‑sheet filing. Consequently, the Court dismissed the writ petition.
Issues considered
- Whether the FIR dated 14‑08‑2026 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioner.
- Whether a writ of mandamus can be issued directing the police to register the FIR.
- Whether the filing of a charge‑sheet bars the continuation of the writ petition.
Legislation cited
- B.N.S. — s. 137(2), 87
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- arrest restraint
- charge sheet
- criminal procedure
- minor
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22218 of 2026
Rajnish Kumar @ Tipu Ram (Minor)
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Kumar, Virendra Kumar
Counsel for Respondent(s) : Anuj Kumar Gupta, 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) To issue a writ, order or direction in the nature of Certiorari for
quashing the impugned First Information Report dated 14.08.2026
registered as Case Crime No. 192 of 2026, Under Sections 137(2),
87 of B.N.S., Police Station Sikandarpur, District Ballia. (Annexed
as annexure No. 1 to the writ petition).
(ii) To issue a writ, order or direction in the nature of Mandamus
commanding and directing the concerned Respondent not to arrest
the Petitioner no. 2 in pursuance to the First Information Report
dated 14.08.2026 registered as Case Crime No. 192 of 2026,
Under Sections 137(2), 87 of B.N.S., Police Station Sikandarpur,
District Ballia.
(iii) To issue a writ, order or direction in the nature of Mandamus
commanding and directing the concerned Respondent authority to
register the first information report of the petitioner in pursuance of
the application dated 03.09 2026."
2. Learned A.G.A. has submitted that after completion of
investigation, charge-sheet has been forwarded to the court
CRLP No. 22218 of 2026
2
concerned on 19.09.2026.
3. At this juncture, learned counsel appearing on behalf of the
petitioner submitted and prayed that the instant writ petition may be
disposed of the light of the statement given by learned A.G.A., with
liberty to avail appropriate remedy available under the law, as
advised.
4. Heard Mr. Narendra Kumar, learned counsel appearing on
behalf of the petitioner, Mr. Vijay Rathi, 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 charge-sheet has already
been forwarded, 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 29, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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