Allahabad High Court
AJEET KUMAR VERMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed, granting the petitioner liberty to avail appropriate remedies under law.
Summary
The petitioner, Ajeet Kumar Verma, filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 10‑07‑2026 (Crime No. 0170/2026) under IPC sections 115(2), 352, 351(3) and B.N.S. 85, and a mandamus directing the third respondent not to arrest him. The State, represented by the learned Additional Government Advocate, informed the Court that the charge‑sheet had already been forwarded to the trial court on 12‑08‑2026. No objection was raised by the fourth respondent. Considering the State’s submission that the investigation was complete and the petitioner’s own request to dispose of the writ with liberty to seek appropriate remedy, the Court found no ground to keep the petition pending. Consequently, the writ petition was dismissed, with liberty granted to the petitioner to pursue any other legal remedy available.
Issues considered
- Whether the FIR dated 10‑07‑2026 can be quashed by a writ of certiorari.
- Whether a mandamus can be issued to restrain the third respondent from arresting the petitioner.
Legislation cited
- Bihar Narcotic Substances Act — s. 85
- Indian Penal Code — s. 115(2), 351(3), 352
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22278 of 2026
Ajeet Kumar Verma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bairister Singh, Kavita Kushwaha
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 petitioner with the
following main reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the
impugned F.I.R dated 10.7.2026 in Case Crime No.0170 of 2026, U/S
115(2), 352, 351(3), 85 B.N.S., P.S-Chitaipur, District Varanasi against
the petitioner. (Annexure No.1 to this writ petition).
II. Issue a writ, order or direction in the nature of mandamus
commanding and directing respondent No.3 not to arrest the petitioner in
pursuance of the F.I.R dated 10.7.2026 in Case Crime No.0170 of 2026,
U/S 115(2), 352, 351(3), 85 B.N.S., P.S. -Chitaipur, District - Varanasi."
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation charge-sheet has already been forwarded on
12.08.2026 to the Court concerned.
3. At this juncture, learned counsel appearing on behalf of petitioner
submitted and prayed that the instant writ petition may be disposed
of with liberty to avail the appropriate remedy under the law as advised.
4. Mr. Mohd. Waseem, learned counsel appearing on behalf of respondent
no.4 has no objection.
5. Heard learned counsel appearing on behalf of the petitioner, Mr. S.K.
Ojha, learned A.G.A. appearing on behalf of the State, Mr. Mohd.
CRLP No. 22278 of 2026
2
Waseem, learned counsel appearing on behalf of respondent no.4 and
perused the material available on record.
6. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State that the charge sheet has
already been forwarded and no objection from learned counsel for
respondent no.4 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.
7. Accordingly, the instant writ petition is dismissed with liberty to avail
the appropriate remedy under the law as advised.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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