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
- Indian Penal Code — s. 191(2), 305, 318(4), 336(3), 338, 351(3)
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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