Allahabad High Court
HARIKESH AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed.
Summary
Petitioners Harikesh and three others filed a criminal miscellaneous writ petition in the Allahabad High Court seeking (i) a writ of certiorari to quash an FIR dated 01‑02‑2026 registered under sections 85, 115(2), 352 and 351(3) of the B.N.S 2023 and sections 3/4 of the DP Act, and (ii) a writ of mandamus directing the State not to arrest them. The State, through the learned Additional Government Advocate, informed the Court that a charge‑sheet against petitioners 1 and 2 and a final report against petitioners 3 and 4 had already been forwarded to the concerned court on 29‑03‑2026. The petitioners then moved that the writ be disposed of in view of this development. After hearing both sides, the Court observed that since the charge‑sheet and final report were already filed, there was no merit in continuing the writ proceedings and dismissed the petition.
Issues considered
- Whether the FIR dated 01‑02‑2026 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued to restrain the State from arresting the petitioners.
- Whether the filing of a charge‑sheet and final report bars the continuation of the writ petition.
Legislation cited
- B.N.S., 2023 — s. 115(2), 351(3), 352, 85
- DP Act — s. 3, 4
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- charge-sheet
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22863 of 2026
Harikesh And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Himanshu Kumar Sonkar, Vishal
Jaiswal
Counsel for Respondent(s) : Ankur Yadav, G.A., Lorik Yadav,
Pooja Yadav
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) Issue writ, order or direction in the nature of Certiorari quashing the
impugned F.I.R. dated 01.02.2026 in Case Crime No. 0004/2026 u/s 85,
115(2), 352, 351(3) of B.N.S 2023 and 3/4 DP Act, Police Station Nagsar
Hald, District Ghazipur (Annexure No.1 to the writ petition);
(ii) Issue writ, order or direction in the nature of Mandamus commanding the
respondents not to take coercive action against the petitioners (not to arrest
the petitioners) in pursuance of the impugned F.I.R. dated 01.02.2026 in Case
Crime No. 0004/2026 u/s 85, 115(2), 352, 351(3) of B.N.S 2023 and 3/4 DP
Act, Police Station Nagsar Halt, District Ghazipur."
2. Learned A.G.A. appearing on behalf of State-respondents has
submitted that after completion of investigation, charge-sheet
against the petitioner nos. 1 and 2 and final report against the
petitioner nos. 3 and 4 have been forwarded on 29.03.2026 before
the court concerned.
CRLP No. 22863 of 2026
2
3. At this juncture, learned counsel appearing on behalf of the
petitioners 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 petitioners,
Mr. Lorik Yadav, learned counsel appearing on behalf of
respondent no. 3 and 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 as well as
final report have already been forwarded against the petitioners as
stated above, 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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