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2026 DAILYLAW 15533 (ALL)

SAHBAN ALI AND ANOTHER v. THE STATE OF U.P. AND 4 OTHERS

CRLP/23432/2026 · 2026-10-06

Mayur Jain Jt Registrar J Listing, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23432 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed by the petitioner with the following main prayers:- "1. issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 13.09.2026 registered as Case Crime No.0276 of 2026, under Sections 191(2), 126(2), 352, 115(2), 103(1) of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station- Sarai Inayat, District- Prayagraj (Annexure no.1 to this writ petition). 2. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 3 and 4 not arrest to the petitioners in pursuance of the impugned F.I.R. dated 13.09.2026 registered as Case Crime No.0276 of 2026, under Sections 191(2), 126(2), 352, 115(2), 103(1) of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station- Sarai Inayat, District- Prayagraj." 2. After some length of arguments, learned counsel appearing on behalf of the petitioners made an innocuous prayer that he may be permitted to withdraw the instant writ petition with liberty to avail the appropriate remedy available under the law before the appropriate Court as advised. 3. Learned AGA appearing on behalf of the State-respondents vehemently opposed the instant writ petition but has no objection on innocuous prayer made by learned counsel appearing on behalf of the petitioners. Versus Counsel for Petitioner(s) : Hari Om Sharan Tiwari Counsel for Respondent(s) : G.A. Sahban Ali And Another .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s) 4. Heard learned counsel appearing on behalf of the petitioners as well as Mr. K.P. Pathak, learned A.G.A. appearing on behalf of the State- respondents and perused the material available on record. 5. Since, learned counsel appearing on behalf of the petitioners has not pressed the instant writ petition on merits, only made innocuous prayer to avail appropriate alternative remedy as advised, we are inclined to allow the innocuous prayer made by learned counsel for the petitioners. 6. Accordingly, the instant writ petition is dismissed as withdrawn with liberty as prayed. October 7, 2026 Atul CRLP No. 23432 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad