Allahabad High Court
NANHI DEVI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no justification to keep it pending after the charge‑sheet has been forwarded.
Summary
Petitioners Nanhi Devi and another filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a certiorari to quash an FIR dated 25‑11‑2025 and a mandamus directing the police not to arrest them under several IPC sections. They argued that the investigation was complete and a charge‑sheet had already been forwarded to the trial court. The respondents, the State of U.P. and others, did not oppose the petition. The court, after hearing counsel, noted that the charge‑sheet’s filing removed any justification for keeping the writ petition pending. Consequently, the court dismissed the petition, finding no merit to entertain the reliefs sought.
Issues considered
- Whether a writ petition seeking quash of an FIR and mandamus against arrest can be entertained after the charge‑sheet has been filed.
Legislation cited
- B.N.S. — s. 61(2)
- Indian Penal Code — s. 318, 319, 336, 338, 340
Subjects
- Writ petition
- Certiorari
- Mandamus
- FIR quash
- Criminal procedure
- High Court
- Charge-sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 28967 of 2025
Nanhi Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Mishra, Vijay Puri
Counsel for Respondent(s) : G.A., Somendra Singh
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The present writ petition has been filed seeking following main reliefs:-
"(i) Issue a writ, order or direction in the nature of
Certiorari quashing the impugned First Information Report
dated 25.11.2025 (Annexure No. 1 to the writ petition)
registered as Case Crime No. 0445 of 2025, under sections
319(2), 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police
Station Thathiya, District Kannauj.
(ii) Issue a writ, order or direction in the nature of
Mandamus directing the police concerned not to arrest the
petitioners in pursuance of the first information report dated
25.11.2015, registered as Case Crime No. 0445 of 2025,
under sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)
B.N.S., Police Station Thathiya, District Kannauj."
2. Learned counsel for the petitioners has submitted that after completion
of investigation, charge-sheet has been forwarded before the court
concerned.
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 aforesaid fact.
4. Learned A.G.A. has no objection to it.
5. Heard Mr. Piyush Kumar Dubey, holding brief of Sri Vijay Puri,
learned counsel appearing on behalf of the petitioners and Mr. K.P.
Pathak, learned A.G.A. appearing on behalf of the State-respondents and
perused the material on record.
CRLP No. 28967 of 2025
2
6. Taking into consideration the submissions advanced by learned counsel
for the parties and the fact that charge-sheet has already been forwarded,
we do not find any good reason to keep this petition pending for further
adjudication.
7. In view of the above, the instant writ petition is dismissed.
September 30, 2026
K.K. Maurya
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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