Allahabad High Court
VISHAL YADAV AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no ground to keep the matter pending, and the petitioners may avail the appropriate remedy under law.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari order to quash an FIR dated 17‑09‑2025 registered under Sections 85, 115(2), 351(2) and 352 of the B.N.S. and Section 4 of the Dowry Prohibition Act, and a mandamus directing the respondents not to arrest them. The State informed the Court that the investigation was complete and a charge‑sheet had been filed on 31‑03‑2026. After hearing the parties, the Court found no justification to keep the petition pending, noting that the appropriate remedy lay in the regular criminal process. Consequently, the Court dismissed the writ petition while allowing the petitioners liberty to pursue the appropriate legal remedy. The dismissal reflects the Court’s view that the High Court should not intervene at the stage of a filed charge‑sheet to quash the FIR or restrain arrest.
Issues considered
- What is the appropriate jurisdiction of the High Court to entertain a writ petition seeking quash of an FIR after a charge‑sheet has been filed?
- Whether a mandamus can be issued to restrain arrest of the petitioners pending the criminal trial.
Legislation cited
- B.N.S. — s. 115(2), 351(2), 352, 85
- Dowry Prohibition Act — s. 4
Subjects
- writ petition
- quash FIR
- mandamus
- criminal procedure
- Dowry Prohibition Act
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22283 of 2026
Vishal Yadav And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pushpendra Kumar Yadav, Shreya
Yadav
Counsel for Respondent(s) : G.A., Neeraj Kumar Singh
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioners with the
following main reliefs:-
"I. Issue a writ order or direction in the nature of certiorari quashing the
impugned F.I.R. dated 17.09.2025 registered as Case Crime No. 0272 of
2025, under Sections 85, 115(2), 351(2) 352 of B.N.S. and Section 4 of
Dowry Prohibition Act at Police Station Syed Raja, District Chandauli
(Annexure No. 1 to the writ petition.)
II. Issue a writ order or direction in the nature of mandamus directing the
respondents not to arrest the petitioners in pursuance of present F.I.R.
dated 17.09.2025 (Annexure No. 1 to the writ petition.)"
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation charge-sheet has already been forwarded on
31.03.2026 to the Court concerned.
3. At this juncture, learned counsel appearing on behalf of petitioners
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. Heard learned counsel appearing on behalf of the petitioners, Mr. S.K.
Ojha, learned A.G.A. appearing on behalf of the State, Mr. Neeraj Kumar
Singh, learned counsel appearing on behalf of respondent no.4 and
perused the material available on record.
CRLP No. 22283 of 2026
2
5. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State as well as prayer made by
learned counsel appearing on behalf of petitioners, we do not find any
reason to keep this matter pending for further adjudication.
6. 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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