Allahabad High Court
SANDEEP AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed for failure of the petitioners to appear and comply with the court's earlier order.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 06.02.2026 and a mandamus directing the police not to arrest them. No counsel appeared for the petitioners, and the State was represented by learned A.G.A. S.N. Tiwari. The court noted an office report indicating that the petitioners had not complied with the order dated 08.04.2026 and had failed to appear. Considering the non‑appearance and non‑compliance, the judges found no justification to keep the matter pending. Consequently, the writ petition was dismissed.
Issues considered
- Whether a writ petition seeking quash of an FIR and mandamus to prevent arrest can be entertained when the petitioners fail to appear and comply with a prior court order
Subjects
- writ petition
- certiorari
- mandamus
- FIR
- non-appearance
- dismissal
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 4059 of 2026
Sandeep And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Naushad
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 by the petitioners with the following
main reliefs:-
"a) Issue a writ, order or direction in the nature of certiorari to quash the
impugned First Information Report dated 06.02.2026 registered as Case
Crime No.0101 of 2026, under Sections 115(2), 352, 109(1) B.N.S., Police
Station - Balaut, District - Baghpat (Annexure No. 1 to this Writ Petition).
b) Issue a writ, order or direction in the nature of mandamus directing the
respondents not to arrest the petitioners in pursuance of the impugned First
Information Report dated 06.02.2026 registered as Case Crime No.0101 of
2026, under Sections 115(2) 352, 109(1) Β.N.S., Police Station - Badaut,
District - Baghpat."
2. None appeared on behalf of the petitioners even in the revised list. Sri S.N.
Tiwari, learned A.G.A. appearing on behalf of the State is present.
3. We have perused the office report dated 15.09.2026, which shows that the
steps have not been taken by the petitioners.
4. Taking into consideration the fact that non-compliance of order dated
08.04.2026 and non-appearance on behalf of the petitioners, we do not find
any reason to keep this matter pending for further adjudication.
5. Accordingly, the instant writ petition is dismissed.
September 16, 2026
Atul
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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