Allahabad High Court
ANUPAM AGRAHARI AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed as there was no matter left for adjudication.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 10‑03‑2026 (Crime No. 0056 of 2026) under Sections 87 and 351(2) of the Indian Penal Code, and a mandamus directing the State not to arrest or harass them. No counsel appeared for the petitioners, while the Additional Government Advocate for the State informed the Court that the investigation was complete and the final report had been forwarded on 10‑04‑2026. The Court examined the material, noted the non‑appearance of petitioners’ counsel and the submission that the investigation was concluded, and held that there was nothing further to adjudicate. Consequently, the writ petition was dismissed. The order was signed by the two judges of the Allahabad High Court.
Issues considered
- Whether a writ of certiorari can be issued to quash an FIR after investigation is completed.
- Whether a writ of mandamus can be directed to restrain arrest or harassment in respect of the FIR.
- Whether the Court can entertain the writ petition in the absence of petitioners’ counsel and after the final report has been filed.
Legislation cited
- Indian Penal Code — s. 351(2), 87
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- Indian Penal Code
- non‑appearance
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7296 of 2026
Anupam Agrahari And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Singh, Indresh Kumar Singh
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 seeking following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari to quash the First
Information Report dated 10.03.2026 (Annexure 1) in Case Crime No. 0056 of 2026,
U/s 87, 351(2) BNS, Police Station Vindhyachal, District Mirzapur.
(ii) Issue a writ, order or direction in the nature of Mandamus directing the
respondents not to arrest or harass the petitioners in pursuance of the First
Information Report dated 10.03.2026 (Annexure-1) in Case Crime No. 0056 of 2026
U/S 87, 351(2) B.N.S. Police Station Vindhyachal, District Mirzapur."
2. Case called out in the revised list. None appeared on behalf of the
petitioners to address the Court, however, learned Additional Government
Advocate for the State is present.
3. Learned A.G.A. appearing on behalf of State-respondents has submitted
that after completion of investigation, final report has been forwarded on
10.04.2026 before the court concerned.
4. Heard Mr. K.P. Pathak, learned A.G.A. appearing on behalf of the State-
respondents and perused the material on record.
5. Taking into consideration the non-appearance of learned counsel for the
petitioners, submission advanced by A.G.A. for the State and the fact that
final report has already been forwarded, nothing is left for further
adjudication in the instant writ petition.
6. In view of the above, the instant writ petition is dismissed.
September 29, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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