Allahabad High Court
SHAHZADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed, as there is no ground to entertain the reliefs sought.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a writ of certiorari to quash an FIR dated 04‑02‑2026 (Case Crime No.0034 of 2026) and a writ of mandamus directing the police not to arrest them. The FIR was registered under Sections 64, 89, 316(2) and 351(2) of the Indian Penal Code. The petitioners’ counsel did not appear before the Court, while the State’s learned Additional Government Advocate informed the Court that the investigation had been completed and the final report had already been forwarded to the concerned court on 26‑03‑2026. Considering the non‑appearance of the petitioners and the State’s submission that the final report was pending, the Court found no reason to keep the matter pending. Consequently, the writ petition was dismissed. The dismissal effectively leaves the FIR and any subsequent arrest proceedings unaffected.
Issues considered
- Whether a writ of certiorari can be issued to quash an FIR that has already led to a completed investigation and a final report.
- Whether a writ of mandamus can be directed to restrain the police from arresting the petitioners pending the final report.
Legislation cited
- Indian Penal Code — s. 316(2), 351(2), 64, 89
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- Indian Penal Code
- Allahabad High Court
- non‑appearance
- final report
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 4994 of 2026
Shahzad
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aushim Luthra, Irshad Husain
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 quashing the
impugned First Information Report dated 04.02.2026 bearing Case Crime
No.0034 of 2026, under Sections 64, 89, 316 (2), 351 (2) Β.N.S., Police
Station Ghaziabad Kotwali, District Ghaziabad (Annexure No.1 to the
writ petition).
b. Issue a writ, order or direction in the nature of mandamus commanding
and directing the respondent nos. 1, 2 & 3 not to arrest the petitioner in
pursuance of the impugned First Information Report dated 04.02.2026
bearing Case Crime No.0034 of 2026, under Sections 64, 89, 316 (2), 351
(2) Β.N.S., Police Station Ghaziabad Kotwali, District Ghaziabad."
2. None appeared on behalf of the petitioner even in the revised list. Sri
S.K. Ojha, learned A.G.A. appearing on behalf of the State is present.
3. Learned AGA for the State submitted and apprised the Court that after
completion of investigation, final report has already been forwarded on
26.03.2026 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
CRLP No. 4994 of 2026
2
petitioner, 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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