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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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