Allahabad High Court
JATIN @ JEETUversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The writ petition is dismissed.
Summary
Petitioner Jatin @ Jeetu filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash an FIR dated 16-04-2025 and a writ of prohibition to restrain his arrest under Sections 406 and 506 of the Indian Penal Code. The petitioner’s counsel did not appear before the bench, while the State’s Additional Government Advocate submitted that the investigation had been completed and the final report was forwarded on 14-06-2025. The Court, after reviewing the material and noting the non‑appearance of the petitioner’s counsel, found no justification to keep the petition pending. Consequently, the Court dismissed the writ petition. The dismissal effectively leaves the FIR and the pending investigation undisturbed.
Issues considered
- What is the appropriate remedy when a petitioner seeks quashing of an FIR and prohibition of arrest under Sections 406 and 506 IPC after the investigation is completed?
- Can a writ petition be dismissed solely on the ground of non‑appearance of the petitioner’s counsel?
Legislation cited
- Indian Penal Code — s. 406, 506
Subjects
- Writ petition
- Certiorari
- Prohibition
- FIR quash
- Section 406 IPC
- Section 506 IPC
- Non‑appearance
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9022 of 2025
Jatin @ Jeetu
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Najam Uz Zaman Khan
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 calling for the
records and quashing the impugned First Information Report dated
16.04.2025 giving rise to case crime no. 166 of 2025 under Sections 406, 506
I.P.C. at Police Station Civil Lines, Commissionerate Prayagraj (Annexure-1 to
the present writ petition).
(ii) Issue a writ, order or direction in the nature of prohibition restraining the
respondents from arresting the petitioner pursuant to the First Information
Report dated 16.04.2025 giving rise to case crime no.166 of 2025 under
Sections 406, 506 I.P.C. at Police Station Civil Lines, Commissionerate
Prayagraj."
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, final report has
CRLP No. 9022 of 2025
2
been forwarded on 14.06.2025 before the court concerned.
4. Heard Mr. S.K. Ojha, 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 petitioner, submission advanced by A.G.A. for the
State and the fact that final report 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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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