Allahabad High Court
ALISHER KHAN @ ALISHER ANSARI AND 3 OTHERSversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed as there was no matter left for adjudication after the final investigation report was filed.
Summary
The petitioners Alisher Khan and three others filed a criminal miscellaneous writ petition seeking a certiorari to quash FIR No. 0009 of 2026 (registered on 20.01.2026 under IPC sections 85, 115(2), 105 and 89) and a mandamus directing the second respondent not to arrest them. The learned Additional Government Advocate informed the Court that the statutory investigation had been completed and the investigating officer had submitted the final report on 24.04.2026, which was also forwarded to the concerned court. The petitioners, after hearing the AGA’s statement, indicated that the petition could be disposed of. The Court, noting that the investigation was concluded and no further issue remained, dismissed the writ petition. The dismissal was on the ground that there was nothing left for adjudication.
Issues considered
- What is the appropriate remedy when a criminal investigation has been completed and a final report submitted?
- Whether a writ of certiorari can be issued to quash an FIR after the investigation is concluded
- Whether a mandamus can be directed to restrain arrest when the investigation is complete
Legislation cited
- Indian Penal Code — s. 105, 115(2), 85, 89
Subjects
- writ petition
- criminal miscellaneous
- quash FIR
- mandamus
- investigation completed
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3067 of 2026
Alisher Khan @ Alisher Ansari And 3 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nirvikalp Pandey, Prarabdha Pandey
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The instant writ petition has been filed with the following main reliefs:-
"i) Issue, a writ, order or direction in the nature of certiorari to call for
records and quash the first information report dated 20.01.2026 (Annexure
No.1) registered as F.I.R. No. 0009 of 2026 under Sections 85, 115(2), 105,
89 B.N.S. Police Station Dildarnagar, District Ghazipur and the entire
investigation being carried out in pursuance of same against the petitioners.
ii) Issue, a writ, order or direction in the nature of mandamus to command
respondent no.2 not to arrest the petitioners in connection with F.I.R. No. of
2026 under Sections 85, 115(2), 105, 89 B.N.S. Police Station Dildarnagar,
District Ghazipur.
2. Mr. K.P. Pathak, learned AGA submitted and apprised the Court that after
completion of the statutory investigation, the Investigating Officer has
submitted final report on 24.4.2026 and the same was also forwarded to the
court concerned.
3. At this juncture, learned counsel for the petitioners submits that in view of
the statement given by the learned AGA, this writ petition may be disposed
of.
4. Heard learned counsel for the petitioners and learned AGA appearing for
the State-respondents.
5. Taking into consideration the statement given by the learned AGA, the
prayer made by the learned counsel for the petitioners as well as the fact that
CRLP No. 3067 of 2026
2
after completion of investigation, the Investigating Officer has submitted the
final report on 24.4.2026 and the same was also forwarded to the court
concerned, therefore, nothing left in this petition for further adjudication.
6. Accordingly, the writ petition is dismissed.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
September 30, 2026
M. Tarik
Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad
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