Allahabad High Court
SMT SHAHIN AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as there is no ground to keep the matter pending.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court seeking (i) a certiorari to quash an FIR dated 12‑02‑2026 registered under Sections 87 and 351(2) of the B.N.S., (ii) a mandamus directing the police not to arrest them while the petition is pending, and (iii) a mandamus to protect their civil rights and marital peace. The petitioners' counsel did not appear before the Court, whereas the State was represented by learned A.G.A. S.N. Tiwari, who informed the Court that the investigation was complete and the final report had already been forwarded on 02‑04‑2026. Considering the State’s submission and the non‑appearance of the petitioners, the Court found no justification to keep the matter alive. Consequently, the Court dismissed the writ petition. The dismissal effectively leaves the FIR and the police actions untouched.
Issues considered
- Whether the FIR dated 12‑02‑2026 under Sections 87 and 351(2) of the B.N.S. can be quashed by a writ of certiorari.
- Whether a mandamus can be issued directing the police not to arrest the petitioners pending the petition.
- Whether the Court can issue a mandamus to protect the petitioners' civil rights and marital peace.
Legislation cited
- B.N.S. — s. 351(2), 87
Subjects
- writ petition
- FIR quash
- certiorari
- mandamus
- civil rights
- criminal procedure
- Sections 87
- Section 351(2)
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 4905 of 2026
Smt Shahin And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Singh Bais
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:-
"1. issue a writ order or direction in the nature of certiorari quashing the
impugned First Information Report dated 12.02.2026 registered as Case
Crime No. 0092 of 2026, under Sections 87 and 351 (2) B.N.S., Police
Station Gangoh, District Saharanpur (Annexure no.1 to the writ petition).
2. issue a writ order or direction in the nature of mandamus directing the
respondent no.2 not to arrest the petitioners pursuant to the impugned
First Information Report dated 12.02.2026 registered as Case Crime
No.0092 of 2026, under Sections 87 and 351 (2) B.N.S., Police Station
Gangoh, District Saharanpur during the pendency of the present writ
petition before this Hon'ble Court.
3. issue a writ order or direction in the nature of mandamus directing the
respondent concerned to protect the Civil Rights of the petitioners and not
to disturb in peaceful marital of petitioner nos.1 and 2, so that justice may
be done."
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. Learned A.G.A. for the State submitted and apprised the Court that
after completion of investigation, final report has already been forwarded
CRLP No. 4905 of 2026
2
on 02.04.2026 to the court concerned.
4. Taking into consideration the submissions advanced by the
learned A.G.A. appearing on behalf of the State that the final report has
already been forwarded as well as 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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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