1. Learned counsel Sri Omar A.Pasha appears for the appellants.
Sri Mahesh Raje, learned Government Pleader for Home, appears for the respondents.
2. The present writ appeal arises out of the judgment dated 19.02.2026 passed by the learned writ court dismissing W.P.No.5153 of 2026 filed by the appellants.
3. The writ petition was preferred with the following prayer:
“It is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction particularly one in the nature of a Writ of Mandamus stopping the Respondent No.5 from registering or repeatedly initiating proceedings against Petitioner No.2 and his employees under Sections 223 and 275 of the Bharatiya Nyaya Sanhita along with Sections of the COTPA Act since this action by the Respondent No.5 herein is illegal, arbitrary, ultra vires and contrary to a catena of judgments more specifically judgment dated 05.07.2021 in Criminal Petition No.152 of 2020 and batch and in Criminal Petition No.5619 of 2020 and batch dated 10.06.2022 and consequently direct the Respondents to act strictly in accordance with settled legal principles and to refrain from initiating wrongful proceedings against the Petitioners and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.”
4. The learned writ court held the writ petition to be not maintainable, since a case has already been filed in respect of F.I.R.No.100 of 2026 on 11.02.2026.
5. Learned counsel for the appellants contends that the prayer was to direct the police authorities not to file any more First Information Reports under Section 223 and 275 of the Bharatiya Nyaya Sanhita, 2023, along with other Sections of the Cigarettes and Other Tobacco Products Act, 2003. However, the learned writ court, perhaps, could not appreciate the nature of the relief prayed for and dismissed the writ petition being guided by the institution of one F.I.R.No.100 of 2026.
6. However, we are of the view that the writ appeal under Clause 15 of the Letters Patent jurisdiction of this court is not maintainable against the subject matter and relief connected with criminal jurisdiction.
7. Therefore, the instant writ appeal is dismissed as not maintainable. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.




