Allahabad High Court
SURENDRA SINGH AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no matter left for adjudication after the final investigation report has been filed.
Summary
Petitioners Surendra Singh and others filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 12‑02‑2026 (Case Crime No. 49 of 2026) registered under Sections 115(2), 352, 351(3) of the BNS and Section 3(2)(va) of the SC/ST Act, and also a mandamus directing the State not to arrest them. The petitioners argued that the investigation had been completed and the final report was forwarded to the court on 28‑02‑2026, rendering further relief unnecessary. The State respondents raised no objection to the petitioners’ “innocuous” prayer. The Court, after hearing counsel, held that with the final report already submitted there was nothing left for adjudication and consequently dismissed the writ petition. The dismissal leaves the FIR and the investigation intact.
Issues considered
- What is the appropriate remedy when a final investigation report has been submitted and a writ petition seeks to quash the FIR and obtain a mandamus?
- Can the High Court entertain a petition for certiorari and mandamus after the investigation stage is complete?
Legislation cited
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- SC/ST Act
- criminal procedure
- final investigation report
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 4631 of 2026
Surendra Singh And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditya Bhardwaj
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed seeking following main
reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the
impugned first information report dated 12.02.2026, which was registered as
Case Crime No. 49 of 2026, under Sections 115(2), 352, 351(3) of BNS and
Section 3(2) (va) of SC/ST Act, Police Station Sikrara, District Jaunpur
(Annexure No. 1 to instant writ petition).
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the
Respondent nos. 1 to 3 not to harass and arrest the petitioners, pursuant to
impugned first information report dated 12.02.2026, which was registered as
Case Crime No. 49 of 2026, under Sections 115(2), 352, 351(3) of BNS and
Section 3(2) (va) of SC/ST Act, Police Station Sikrara, District Jaunpur
(Annexure No. 1 to the instant writ petition).
2. Learned counsel for the petitioner submitted that after
completion of investigation, final report has been forwarded on
28.02.2026 before the court concerned and prayed that the instant
writ petition may be disposed of in view of the aforesaid fact.
CRLP No. 4631 of 2026
2
3. Learned counsel appearing on behalf of State-respondents has
no objection to the innocuous prayer made by learned counsel for
the petitioner.
4. Heard Mr. Aditya Bharadwaj, learned counsel appearing on
behalf of the petitioners, learned A.G.A. appearing on behalf of the
State-respondents and perused the material on record.
5. Taking into consideration the submissions advanced by learned
counsel for the petitioners, no objection raised by learned A.G.A. to
the innocuous prayer made by learned counsel for the petitioners
and the fact that final report has already been forwarded, nothing is
left for further adjudication.
6. In view of the above, the instant writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 17, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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