Allahabad High Court
SANGAM PASWANversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no merit to continue the proceedings after the charge‑sheet has been filed.
Summary
Sangam Paswan filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash an FIR dated 05.07.2025 under Sections 2(b)(i) and 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, and a writ of mandamus directing the police not to arrest him. The State, through the learned Additional Government Advocate, informed the Court that a charge‑sheet had already been filed on 01.07.2026. After hearing the parties, the Court observed that with the charge‑sheet already forwarded, there was no substantive ground to keep the petition pending. Consequently, the Court dismissed the writ petition. The dismissal was recorded on 23 September 2026 by Judges Tarun Saxena and Chandra Dhari Singh.
Issues considered
- What is the appropriate remedy when a petition seeks to quash an FIR and prevent arrest under the U.P. Gangster and Anti‑Social Activities (Prevention) Act after a charge‑sheet has been filed?
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(i), 3(1)
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- U.P. Gangster Act
- criminal procedure
- charge‑sheet
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23029 of 2026
Sangam Paswan
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahesh Kumar Sahani, Narendra Singh
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 seeking following main
reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the
impugned First Information Report dated 05.07.2025, registered as Case
Crime No.357 of 2025, Under Section 2(b)(i) and 3(1) U.P. Gangster and
AntiSocial Activities (Prevention) Act, 1986 Police Station-Kotwali, District-
Maharajganj.
(ii) Issue a writ, order or direction in the nature of Mandamus directing the
respondent nos. 2 & 3 not to arrest the Petitioner in pursuance of the
impugned First Information Report dated 05.07.2025, registered as Case
Crime No.357 of 2025, Under Section 2(b)(i) and 3(1) U.P. Gangster and
AntiSocial Activities (Prevention) Act, 1986 Police Station-Kotwali, District-
Maharajganj."
2. Learned A.G.A. appearing on behalf of State-respondents has
submitted that after completion of investigation, charge-sheet has
been forwarded on 01.07.2026 before the court concerned.
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.
CRLP No. 23029 of 2026
2
4. Heard learned counsel appearing on behalf of the petitioner, Mr.
K.P. Pathak, 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.
September 23, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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