Allahabad High Court
SATYENDRA VERMA AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge sheet has been filed and cognizance taken, leaving no basis for judicial intervention.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 24-11-2025 and a writ of mandamus to prevent their arrest, alleging impropriety in the FIR under several sections of the BNS and the Dowry Prohibition Act. The State counsel informed the court that the investigation had been completed, a charge sheet had been filed, and cognizance of the offence had been taken by the trial court on 08-06-2026. The petitioners, upon hearing this, requested that the writ petition be disposed of. The Court considered that with the charge sheet filed and cognizance already taken, there was no ground for further judicial interference. Consequently, the Court dismissed the writ petition. The dismissal effectively upheld the continuation of the criminal proceedings initiated by the FIR.
Issues considered
- Whether a writ of certiorari can be issued to quash an FIR after the investigation is completed and a charge sheet is filed.
- Whether a writ of mandamus can be directed to restrain arrest of the petitioners when the court has already taken cognizance of the offence.
Legislation cited
- BNS — s. 115(2), 351(2), 351(3), 74, 76, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- writ of certiorari
- writ of mandamus
- FIR
- quash
- arrest
- charge sheet
- cognizance
- Dowry Prohibition Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5291 of 2026
Satyendra Verma And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vidya Prakash Singh
Counsel for Respondent(s) : G.A., Pradeep Kumar
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. During the course of the argument, learned AGA produced the copy of
the cognizance order dated 08.06.2026, which has been perused by the
Court. The same is taken on record.
2. The instant writ petition has been filed with the following main reliefs:-
"A. Issue a writ, order or direction in the nature of writ of
certiorari quashing the impugned first information report dated
24.11.2025 lodged by the respondent no.3 being Case Crime
No.0101 of 2025, under Sections 85, 115(2), 351(2), 351(3), 74,
76 of BNS and Section 3/4 Dowry Prohibition Act, Police
Station- Mahila Thana, District-Bareilly (Annexure No. 1 to the
writ petition).
B. Issue a writ, order or direction in the nature of Mandamus
commanding the respondents not to arrest the petitioners in
pursuance to the impugned FIR dated 24.11.2025 lodged by the
respondent no.3 being Case Crime No.0101 of 2025, under
Sections 85, 115(2), 351(2), 351(3), 74, 76 of BNS and Section
3/4 Dowry Prohibition Act, Police Station- Mahila Thana,
District-Bareilly."
3. Learned AGA appearing for the State-respondents submitted and
apprised the Court that after completion of the statutory investigation, the
Investigating Officer has submitted charge sheet and thereupon
cognizance has already been taken by the concerned court on 08.06.2026.
CRLP No. 5291 of 2026
2
4. At this juncture, learned counsel for the petitioners submitted and
prayed that in the light of the statement given by the learned AGA, the
instant writ petition may be disposed of.
5. Heard Mr. Vidya Prakash Singh, learned counsel for the petitioners and
Mr. S.K. Ojha, learned AGA-I appearing for the State-respondents as well
as learned counsel appearing for the respondent no.3.
6. Taking into consideration the statement given by the learned AGA and
the prayer made by the learned counsel for the petitioners as well as the
fact that after investigation charge sheet has been submitted in the matter
and the court concerned has also taken cognizance of the offence vide
order dated 08.06.2026, therefore, we do not find any reason to keep the
matter pending for further adjudication.
7. Accordingly, the writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 17, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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