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Allahabad High Court

GAJENDRA SINGH TEOTIA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as the filing of the charge sheet removes any basis for the writ relief sought.

Summary

Petitioners Gajendra Singh Teotia and another filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a certiorari to quash an FIR dated 24.01.2026 and a mandamus directing the State not to arrest them. The FIR alleged offences under several sections of the Indian Penal Code. The State argued that the investigation was complete and a charge sheet had been filed on 29.04.2026. The petitioners argued for dismissal of the petition in view of the charge sheet filing. The Court, after considering the submissions, found no merit in continuing the petition since the charge sheet was already submitted, and consequently dismissed the writ petition. The dismissal effectively leaves the FIR and the pending criminal proceedings untouched.

Issues considered

  • What is the appropriate remedy for a petitioner seeking quash of an FIR and protection from arrest under a writ petition?
  • Whether the filing of a charge sheet by the investigating agency defeats the petitioner's claim for relief in a writ petition?

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • FIR quash
  • Indian Penal Code
  • High Court
  • criminal procedure

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CRIMINAL MISC. WRIT PETITION No. - 4345 of 2026

Gajendra Singh Teotia And Another
                                                               .....Petitioner(s)
                                     Versus

State Of U.P. And 3 Others
                                                             .....Respondent(s)

Counsel for Petitioner(s)        : Keshav Kumar Srivastava,              Saurav
                                   Mishra
Counsel for Respondent(s)        : G.A., Hemendra Pratap Singh

Court No. - 48
                 HON'BLE CHANDRA DHARI SINGH, J.
                 HON'BLE TARUN SAXENA, J.

1. The instant writ petition has been filed seeking the following main
reliefs:-

      "(I). Issue a writ, order or direction in the nature of certiorari to
      call the records and quash the impugned FIR dated 24.01.2026
      registered as Case Crime No. 0004 of 2026 under Section 191
      (2), 318 (4), 338, 336 (3), 305, 351 (3) BNS, P.S. Agauta, District
      Bulandshahr.

      (II) Issue a writ, order or direction in the nature of mandamus
      commanding and directing the respondents not to arrest the
      petitioners or take any coercive action against them in pursuance
      of the impugned FIR dated 24.01.2026 during the pendency of
      the present petition before this Hon'ble Court."

2. Heard Mr. learned counsel appearing on behalf of the petitioners and Mr.
S.N. Tiwari, learned AGA appearing on behalf of the State and Mr. Satyam
Kumar, Advocate holding brief of Mr. Hemendra Pratap Singh, learned
counsel for respondent no. 4 as well as perused the material on record.

3. It is submitted by learned AGA that in the instant matter, after completion
of investigation, charge sheet has been forwarded on 29.04.2026 before the
concerned Court.

4. At this juncture, learned counsel appearing on behalf of the petitioners
                                                                                              CRLP No. 4345 of 2026
                                                                     2


                                    submitted and prayed that the instant writ petition may be disposed of in
                                    light of the statement given by the learned A.G.A.

                                    5. Taking into consideration the submissions advanced by learned counsel
                                    for the parties and the fact that charge sheet has already been submitted, we
                                    do not find any good reason to keep this petition pending for further
                                    adjudication.

                                    6. In view of the above, the instant writ petition is accordingly dismissed.



                                                                 (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 21, 2026
                                    C. MANI




Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad


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