Allahabad High Court
SHIKHA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 03.02.2026 under Section 137(2) B.N.S. 2023 and a mandamus directing the respondents not to arrest them. The State, through its A.G.A., informed the court that the investigation was complete and the final report had been forwarded to the concerned court on 22.04.2026. The petitioners, after hearing the State’s submission, requested that the petition be disposed of. The Court considered the State’s submission and the petitioners’ request, finding no reason to keep the matter pending. Consequently, the Court dismissed the writ petition.
Issues considered
- Whether a writ petition seeking quash of an FIR and mandamus to restrain arrest is maintainable after the investigation report has been forwarded.
- Whether the Court should dismiss the petition on the basis of the State’s submission and the petitioners’ request.
Subjects
- criminal procedure
- writ petition
- FIR quash
- mandamus
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 4032 of 2026
Shikha And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Tahir Ali
Counsel for Respondent(s) : Ajay Kumar Pal, G.A., Vikrant Pratap
Singh
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 03.02.2026 in Case Crime
No. 37 of 2026, under Section 137(2) B.N.S. 2023, Police Station Mau,
District Chitrakoot lodged by respondent no. 4.
B. Issue a writ, order or direction in the nature of mandamus
commanding and directing respondent nos. 2 to 4 not to arrest the
petitioners in pursuance of the First Information Report dated 03.02.2026
in Case Crime No. 37 of 2026, under Sections 137(2) B.N.S. 2023, Police
Station Mau, District Chitrakoot lodged by respondent no. 4."
2. Learned A.G.A. appearing on behalf of the State submitted that after
completion of investigation final report has already been forwarded on
22.04.2026 to the Court concerned.
3. At this juncture, learned counsel appearing on behalf of petitioners
submitted and prayed that in the light of the statement given by learned
AGA for the State the instant writ petition may be disposed of.
4. Heard Mr. Tahir Ali, learned counsel appearing on behalf of the
petitioners, Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the
State and perused the material available on record.
CRLP No. 4032 of 2026
2
5. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State that the final report has
already been forwarded as well as prayer made by learned counsel
appearing on behalf of petitioners, 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
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