Allahabad High Court
SAGAR AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioners to pursue alternative remedies.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash FIR No. 31/2026 dated 19.01.2026, which alleged offences under Sections 85, 115(2), 351(3), 352, 109 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act, and also prayed for a writ of mandamus to restrain their arrest. After hearing, the petitioners' counsel made an innocuous prayer to withdraw the petition and to pursue the appropriate remedy in a regular court. The State's Additional Government Advocate opposed the petition but did not object to the withdrawal. Since the petitioners did not press the matter on merits and only sought withdrawal, the Court allowed the innocuous prayer. Consequently, the writ petition was dismissed as withdrawn, granting the petitioners liberty to seek alternative relief.
Issues considered
- Whether the High Court should entertain a writ petition seeking quash of an FIR under the specified sections
- Whether a writ of mandamus can be issued to restrain arrest pending investigation
- Whether the petition can be withdrawn at the petitioners' request without adjudicating the merits
Legislation cited
- B.N.S. — s. 109, 115(2), 351(3), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- writ petition
- quash FIR
- withdrawal of petition
- certiorari
- mandamus
- dowry prohibition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 2350 of 2026
Sagar And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Kumar Pathak, Rajiv Kumar
Mishra
Counsel for Respondent(s) : Ajay Kumar Srivastava, 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 petitioners with the
following main prayers:-
"I. To issue a writ, order or direction in the nature of certiorari to quash
the Impugned F.I.R. dated 19.01.2026 having Case Crime No. 31/2026,
under Sections 85, 115(2), 351(3), 352, 109 of B.N.S. and 3/4 Dowry
Prohibition Act, Police Station-Hapunagar, District-Hapur.
II. To Issue a writ order or direction in the nature of mandamus directing
to the respondents not to arrest the petitioners in pursuance of the
impugned F.I.R. dated 19.01.2026 having Case Crime No. 31/2026, under
Sections 85, 115(2), 351(3), 352, 109 of B.N.S. and 3/4 Dowry
Prohibition Act, Police Station-Hapunagar, District-Hapur."
2. After some length of arguments, learned counsel appearing on behalf of
the petitioners 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 petitioners.
4. Heard learned counsel appearing on behalf of the petitioners as well as
learned A.G.A. appearing on behalf of the State-respondents and perused
CRLP No. 2350 of 2026
2
the material available on record.
5. Since, learned counsel appearing on behalf of the petitioners 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 petitioners.
6. Accordingly, the instant writ petition is dismissed as withdrawn with
liberty as prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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