Allahabad High Court
RAJ CHAUHAN @ SATYAM SINGH CHAUHANversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is disposed of as there is no reason to keep it pending after the final investigation report has been filed.
Summary
Petitioner Raj Chauhan filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 07‑09‑2026 under Section 87 of the BNS, 2023, and a mandamus directing the police not to arrest him. The State, through the learned Additional Government Advocate, informed the Court that the investigation had been completed and the final report was forwarded to the concerned court on 17‑09‑2026. After hearing the parties, the petitioner's counsel requested that the petition be disposed of in view of the final report. The Court found no justification to keep the petition pending once the final report was on record and consequently disposed of the writ petition without addressing the merits of the reliefs sought.
Issues considered
- Whether a writ of certiorari can be entertained to quash an FIR after the investigation has been completed and the final report filed.
- Whether a writ of mandamus can be issued to restrain arrest when the FIR and investigation are already concluded.
Legislation cited
- BNS, 2023 — s. 87
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- disposal of petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23450 of 2026
Raj Chauhan @ Satyam Singh Chauhan
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Faizan Siddiqui
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) Issue a writ order or direction of nature of Certiorari quashing the
impugned First Information Report dated 07.09.2026 pertaining to Case Crime
No.0343 of 2026, under Section 87 of BNS, 2023, Police Station Naubasta,
District Kanpur Nagar. (Annexure No.1 to this writ petition).
(ii) Issue a writ order or direction in the nature of Mandamus directing the
respondent no.2 not to arrest and harass the petitioner on the basis of
Impugned First Information Report 07.09.2026 pertaining to Case Crime
No.0343 of 2026, under Section 87 of BNS, 2023, Police Station Naubasta,
District Kanpur Nagar."
2. Learned A.G.A. has submitted that after completion of
investigation, final report has been forwarded to the court
concerned on 17.09.2026.
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.
4. Heard learned counsel appearing on behalf of the petitioner, Mr.
K.P. Pathak, learned A.G.A. appearing on behalf of the State-
CRLP No. 23450 of 2026
2
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 disposed of.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 28, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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