Allahabad High Court
CHIMMAN @ NASIMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition was dismissed as withdrawn because the petitioner did not pursue the writ on its merits.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 18.07.2026 under Sections 3, 5 and 8 of the Cow Slaughter Act, and a writ of mandamus to restrain the State from arresting him. After hearing, the petitioner’s counsel made an innocuous prayer to withdraw the petition and seek alternative remedies. The State’s counsel opposed the petition but did not object to the withdrawal. Since the petitioner did not press the writ on its merits, the Court allowed the withdrawal and dismissed the petition as withdrawn, granting liberty to approach the appropriate forum later.
Issues considered
- Whether the FIR dated 18.07.2026 under Sections 3, 5 and 8 of the Cow Slaughter Act can be quashed by a writ of certiorari
- Whether a writ of mandamus can be issued to restrain the State from arresting the petitioner in connection with the FIR
Legislation cited
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- Cow Slaughter Act
- withdrawn petition
- High Court of Judicature at Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23457 of 2026
Chimman @ Nasim
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Diwakar Shukla
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 by the petitioner with the
following main prayers:-
"Issue a writ, order or direction in the nature of Certiorari quashing the
impugned First Information Report dated 18.07.2026 in Case Crime No.
139 of 2026, under Section 3/5/8 Cow Slaughter Act, Police Station
Hathgaon District Fatehpur (Annexure No. 1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus
commanding the state respondents not to arrest the petitioners in
pursuance of the First Information Report dated 18.07.2026 in Case
Crime No. 139 of 2026, under Section 3/5/8 Cow Slaughter Act, Police
Station Hathgaon, District Fatehpur (Annexure No. 1 to this writ
petition)."
2. After some length of arguments, learned counsel appearing on behalf of
the petitioner made an innocuous prayer that he may be permitted to
withdraw the instant writ petition with liberty to avail the appropriate
remedy available under the law before the appropriate Court as advised.
3. Learned AGA appearing on behalf of the State-respondents vehemently
opposed the instant writ petition but has no objection on innocuous prayer
made by learned counsel appearing on behalf of the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner as well as
CRLP No. 23457 of 2026
2
Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State-
respondents and perused the material available on record.
5. Since, learned counsel appearing on behalf of the petitioner has not
pressed the instant writ petition on merits, only made innocuous prayer to
avail appropriate alternative remedy as advised, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.
6. Accordingly, the instant writ petition is dismissed as withdrawn with
liberty as prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 28, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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