Allahabad High Court
DEVAKI NANDAN SHARMA (CORRECT NAME DEVAKI NANDAN BHARDWAJversusSTATE OF UP AND 5 OTHERS
- Decided
Holding
The writ petition is dismissed and the interim order staying the arrest is vacated.
Summary
The petitioner, Devaki Nandan Sharma, filed a writ petition seeking quashing of an FIR dated 13 May 2014 (Case Crime No. 191 of 2014) under several sections of the Indian Penal Code and a mandamus directing respondents not to arrest him during the pendency of the petition. The High Court had earlier stayed the petitioner's arrest, but the petitioner failed to appear and did not serve notice to respondent No. 6 as required. The court noted the non‑appearance of counsel and non‑compliance with its earlier order. Consequently, the court found no reason to keep the petition pending and dismissed it, vacating the earlier interim order. The dismissal leaves the FIR and the arrest proceedings unaffected.
Issues considered
- Whether the FIR dated 13.05.2014 under Sections 409, 419, 420, 467, 468, 471, 120B of the IPC can be quashed by a writ of certiorari.
- Whether a mandamus can be issued directing respondents not to arrest the petitioner during the pendency of the writ petition.
Legislation cited
- Indian Penal Code — s. 120B, 409, 419, 420, 467, 468, 471
Subjects
- Criminal Procedure
- FIR quash
- Writ of Certiorari
- Mandamus
- Arrest
- High Court
- Non‑appearance
- Non‑compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3902 of 2025
Devaki Nandan Sharma (Correct Name Devaki
Nandan Bhardwaj .....Petitioner(s)
Versus
State Of Up And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shantanu
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 seeking following main
reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the
impugned First Information Report dated 13.05.2014 having Case Crime No.
191 of 2014 Under Section 409, 419, 420, 467, 468, 471, 120B of IPC, Police
Station Musran, District Hathras lodged by the Respondent no. 6.
(ii) Issue a writ order or direction in the nature of mandamus pleased to direct
the Respondent no. 2 and 3 not to arrest the petitioner in Case Crime No. 191
of 2014 Under Section 409, 419, 420, 467, 468, 471, 120B, of IPC, Police
station Musran, District Hathras, during the pendency of the present writ
petition before this Hon'ble Court."
2. Case called out in the revised list. None appeared on behalf of
the petitioner to address the Court, however, learned Additional
Government Advocate for the State is present.
3. Vide order dated 28.02.2025 passed by the co-ordinate Bench
of this Court, notice was issued to respondent no. 6 and the arrest
of the petitioner was stayed.
4. As per report dated 06.11.2025, learned counsel for the
CRLP No. 3902 of 2025
2
petitioner has not taken steps to serve the notice upon the
respondent no. 6.
5. Heard learned Additional Government Advocate for the State
and peruse the record.
6. Taking into consideration the non-appearance of learned
counsel for the petitioner as well as non-compliance of the order
dated 28.02.2025, as stated above, we do not find any reason to
keep this petition pending for further adjudication.
7. In view of the above, the instant writ petition is dismissed.
8. Interim order, granted earlier, stands vacated.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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