Allahabad High Court
MOHAMMED GHUFRAN DEHELVIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition was dismissed because the filing of the charge sheet extinguished any remaining cause of action for a mandamus.
Summary
Mohammed Ghufran Dehelvi filed a criminal miscellaneous writ petition seeking a writ of mandamus to compel the State to ensure a free and fair investigation of a crime under several sections of the BNS. The State argued that the investigating officer had already forwarded the charge sheet under Section 193(3) of the BNSS during the pendency of the petition, rendering the petition infructuous. The petitioner’s counsel could not rebut this submission. The Court examined the record and accepted that the filing of the charge sheet extinguished any remaining cause of action for the writ. Consequently, the petition was dismissed for lack of a live cause of action.
Issues considered
- Whether a writ of mandamus can be issued to direct a free and fair investigation when the charge sheet has already been filed under Section 193(3) of the BNSS.
Legislation cited
Subjects
- mandamus
- criminal investigation
- charge sheet
- writ petition
- cause of action
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9753 of 2026
Mohammed Ghufran Dehelvi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satya Prakash Singh, Seema Singh
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Vinod Kumar Tripathi, Advocate holding brief of Mr. Satya
Prakash Singh, the learned counsel for petitioner and the learned A.G.A.
representing State-respondents 1 to 3.
2. Perused the record.
3. Petitioner- Mohammed Ghufran Dehelvi has approached this Court by
means of present criminal misc. writ petition for a writ of mandamus
commanding respondents to ensure the free and fair investigation of Case
Crime No. 43 of 2026, under Sections 318(4), 338, 336(3), 329, 351(2),
351(3) of BNS, Police Station- Sahibabad, District- Ghaziabad, arising out
of FIR dated 23.01.2026 lodged by First Informant, Mohammed Ghufran
Dehelvi- the writ petitioner.
4. On the matter being taken up, the learned A.G.A. representing State-
respondents 1 to 3 submits that during pendency of present criminal misc.
writ petition Investigating Officer upon completion of statutory investigation
of aforementioned case crime number in terms of Chapter-XIII BNSS has
forwarded the charge sheet/police report in terms of Section 193(3) BNSS.
He therefore, submits in view of above, no cause of action now survives
with petitioner to maintain the present writ petition. As such present writ
petition is liable to be dismissed as having rendered infructuous.
5. When confronted with above, the learned counsel for petitioner could not
overcome the same.
CRLP No. 9753 of 2026
2
6. Having heard, the learned counsel for petitioner and the learned A.G.A.
representing State-respondents 1 to 3 upon perusal of record and considering
the submissions urged by the learned A.G.A. in opposition to present writ
petition, we find that the charge sheet/ police report in terms of Section
193(3) BNSS has already been forwarded by the investigating officer during
pendency of present writ petition. As such, no cause of action survives with
the petitioner to press present writ petition any further.
7. In view of above, the writ petition fails and liable to be dismissed.
8. It is accordingly dismissed.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 7, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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