Allahabad High Court
SMT. TANU GUPTA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no merit in keeping it pending after the final report has been filed.
Summary
Petitioners Smt. Tanu Gupta and another filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 19 July 2026 (Case Crime No.0348) under Section 87 of the B.N.S., and a mandamus directing the police not to arrest them. The State, through the learned Additional Government Advocate, informed the court that the investigation was complete and the final report had been forwarded to the concerned court on 13 September 2026. The petitioners, after hearing the State’s submission, requested that the petition be disposed of in view of the final report. The Court considered the submissions and noted that the final report was already on record, finding no justification to keep the petition pending. Consequently, the Court dismissed the writ petition.
Issues considered
- Whether a writ petition seeking quash of an FIR and mandamus to prevent arrest can be entertained after the investigation has been concluded and the final report forwarded to the court.
Legislation cited
- B.N.S. — s. 87
Subjects
- writ petition
- quash FIR
- mandamus
- Section 87
- criminal procedure
- final report
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23033 of 2026
Smt. Tanu Gupta And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devendra Singh
Counsel for Respondent(s) : 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 19.07.2026 arising out of Case
Crime No.0348 of 2026, Under Section 87 of B.N.S., Police Station- Kotwali
Nagar (Mahoba), District- Mahoba;
(ii) To issue a writ, order or direction in the nature of mandamus directing the
respondent nos.2 and 3 not to arrest the petitioners in Case Crime No.0348 of
2026, Under Section 87 of B.N.S., Police Station-Kotwali Nagar (Mahoba),
District- Mahoba."
2. Learned A.G.A. has submitted that after completion of
investigation, final report has been forwarded to the court
concerned on 13.09.2026.
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,
CRLP No. 23033 of 2026
2
Mr. R.K. Gupta, 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 final report 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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