Allahabad High Court
GANESH KASHYAPversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no ground to keep the matter pending after the charge‑sheet has been filed.
Summary
Ganesh Kashyap filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 30‑07‑2026 under Sections 69, 351(3) and 352 of the Uttar Pradesh B.N.S. and Section 67A of the Information Technology Act, 2000, and also sought mandamus to restrain his arrest and any coercive action. The State informed the Court that a charge‑sheet had already been forwarded to the concerned court on 30‑09‑2026. After hearing the parties, the Court noted that the filing of the charge‑sheet rendered the writ petition unnecessary and, in view of the petitioner's own request for disposal, dismissed the petition. No substantive merits of the FIR were examined.
Issues considered
- Whether the FIR dated 30‑07‑2026 can be quashed by a writ of certiorari.
- Whether a mandamus can be issued to restrain arrest and coercive action before the charge‑sheet is filed.
- Whether the petition remains maintainable after the charge‑sheet has been filed.
Legislation cited
- Information Technology Act, 2000 — s. 67A
- Uttar Pradesh B.N.S. — s. 351(3), 352, 69
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- charge sheet
- criminal procedure
- Information Technology Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23459 of 2026
Ganesh Kashyap
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv 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 by the petitioner with the
following main reliefs:-
"1. issue a writ, order or direction in the nature of certiorari quashing the
First Information Report dated 30.07.2026 in Case Crime No. 0259 of
2026, under Sections 69, 351(3) and 352 of B.N.S. and Section 67A of the
Information Technology Act, 2000, Police Station- Saini, District-
Kaushambi lodged by respondent no. 4.
2. issue a writ, order or direction in the nature of mandamus commanding
and directing the respondent no.2 not to arrest the petitioners in
pursuance of the First Information Report dated 30.07.2026 in Case
Crime No. 0259 of 2026, under Sections 69, 351(3) and 352 of B.N.S. and
Section 67A of the Information Technology Act 2000, Police Station-
Saini, District- Kaushambi lodged by respondent no. 4.
3. issue a writ, order or direction in the nature of mandamus commanding
and directing the respondent no. 2 and 3 not to take any coercive action
against the petitioner."
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation charge-sheet has already been forwarded on
30.09.2026 to the Court concerned.
3. At this juncture, learned counsel appearing on behalf of petitioner
CRLP No. 23459 of 2026
2
submitted and prayed that in the light of the statement given by learned
AGA for the State the instant writ petition may be disposed of.
4. Heard learned counsel appearing on behalf of the petitioner, Mr. S.K.
Ojha, learned A.G.A. appearing on behalf of the State and perused the
material available on record.
5. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State that the charge sheet has
already been forwarded as well as prayer made by learned counsel
appearing on behalf of petitioner, we do not find any reason to keep this
matter pending for further adjudication.
6. Accordingly, the instant writ petition is dismissed.
(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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