Allahabad High Court
DESHVEER AND 30 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed, and no relief of certiorari or mandamus is granted.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 23.01.2025 and a writ of mandamus to restrain their arrest under provisions of the Bharatiya Nyay Sanhita, 2023 and the Prevention of Damage to Public Property Act, 1984. They argued that the investigation was complete and a charge‑sheet had already been filed, rendering the writ petition unnecessary. The State did not contest these factual submissions. The Court, after hearing counsel for both sides, found no merit in continuing the proceedings and dismissed the petition. Consequently, the FIR and the possibility of arrest remain unaffected.
Issues considered
- What is the appropriate jurisdiction of a writ petition for quashing an FIR under the Bharatiya Nyay Sanhita, 2023 and the Prevention of Damage to Public Property Act, 1984?
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioners pending trial.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 223, 324(4), 329(3), 351(3), 352
- Prevention of Damage to Public Property Act, 1984 — s. 2, 3, 4
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- criminal procedure
- public order
- preventive arrest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3118 of 2025
Deshveer And 30 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Tomar
Counsel for Respondent(s) : Rama Nand Shukla, G.A., Mani
Shanker Pandey
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 reliefs:-
"A. Issue a writ, order or direction in the nature of Certiorari quashing
the impugned first information report dated 23.01.2025 registered as
Case Crime No. 13 of 2025, under Sections 352, 351(3), 324(4), 329(3)
and 223 Bharatiya Nyay Sanhita, 2023 and Sections 2, 3 and 4
Prevention of Damage to Public Property Act, 1984, Police Station
Chandi Nagar, District Baghpat.
B. Issue a writ, order or direction in the nature of Mandamus
commanding the respondents not to arrest the petitioners in pursuance of
impugned first information report dated 23.01.2025 registered as Case
Crime No. 13 of 2025, under Sections 352, 351(3), 324(4), 329(3) and
223 Bharatiya Nyay Sanhita, 2023 and 2, 3 and 4 Prevention of Damage
to Public Property Act, 1984 Police Station Chandi Nagar, District
Baghpat."
2. Learned counsel appearing on behalf of petitioners apprised the Court
that after completion of investigation charge-sheet has been forwarded to
the Court concerned. He further submitted and prayed that the instant writ
petition may be disposed of in light of the aforesaid fact.
3. Learned AGA appearing on behalf of the State has not contradicted the
CRLP No. 3118 of 2025
2
facts as submitted by learned counsel appearing on behalf of the
petitioner.
4. Heard learned counsel appearing on behalf of the petitioners and Mr.
S.K. Ojha, learned A.G.A. appearing on behalf of the State.
5. Taking into consideration the submissions advanced by learned counsel
appearing on behalf of the petitioners and learned AGA appearing on
behalf of the State, 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 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…