MOHAMMED GHUFRAN DEHELVI v. STATE OF U.P. AND 4 OTHERS
CRLP/9753/2026 · 2026-05-06
Padam Narain Mishra, Rajeev Misra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3047 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3047 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 9753 of 2026 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. Versus Counsel for Petitioner(s) : Satya Prakash Singh, Seema Singh Counsel for Respondent(s) : G.A. Mohammed Ghufran Dehelvi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
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. May 7, 2026 Israr CRLP No. 9753 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad