Allahabad High Court
RAM PRATAP SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed due to the petitioner’s non‑appearance and the filing of a charge‑sheet, leaving no ground to entertain the reliefs sought.
Summary
Ram Pratap Singh filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 10‑04‑2025 under sections 419, 420, 467 and 468 of the Indian Penal Code, and a writ of mandamus to restrain his arrest. The petitioner’s counsel did not appear before the High Court, while the State’s Additional Government Advocate informed the Court that a charge‑sheet had already been filed on 28‑05‑2025. The Court noted the petitioner’s non‑appearance and the fact that the investigation had progressed to the filing of a charge‑sheet. No substantive merits of the petition were examined. Consequently, the Court dismissed the writ petition. The dismissal was based on procedural considerations rather than an assessment of the alleged offences.
Issues considered
- Whether the High Court can issue a writ of certiorari to quash an FIR under sections 419, 420, 467 and 468 IPC.
- Whether a writ of mandamus can be directed to restrain the arrest of the petitioner pending investigation.
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468
Subjects
- writ of certiorari
- writ of mandamus
- FIR
- Indian Penal Code
- arrest
- non‑appearance
- charge‑sheet
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8717 of 2025
Ram Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sharad Kumar Srivastava
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 of certiorari to quash the impugned F.I.R. dated 10.4.2025 in
Case Crime No. 69 of 2025 under section 419, 420, 467, 468 I.P.C. Police
Station Hathgaon, District Fathepur (Annexure No. 1 to this writ petition).
(ii) Issue a writ of mandamus directing and commanding the respondents to
not to arrest the petitioner in pursuance of F.I.R. dated 10.4.2025 in Case
Crime No. 69 of 2025 under section 419, 420, 467, 468 I.P.C. Police Station
Hathgaon, District Fathepur."
2. Case called out in the revised list. None appeared on behalf of
the petitioner 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, charge-sheet has
been forwarded on 28.05.2025 before the court concerned.
4. Heard learned A.G.A. appearing on behalf of the State-
respondents and perused the material on record.
CRLP No. 8717 of 2025
2
5. Taking into consideration the non-appearance of learned
counsel for the petitioner, submission advanced by A.G.A. for the
State and the fact that charge-sheet has already been forwarded,
we do not find any good reason to keep this petition pending for
further adjudication.
6. In view of the above, the instant writ petition is dismissed.
September 16, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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