Allahabad High Court
VINOD SINGH @ VINOD KUMAR SINGH AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The Court held that there was no case for interference with the FIR and dismissed the petition.
Summary
The petitioners sought interference with a First Information Report (FIR) that alleged they obstructed a Sub‑Divisional Magistrate and government officials during a public road construction, using criminal force and brickbatting police and revenue officers. The FIR described a pandemonium that forced local residents to shut their homes. The petitioners contended that they also suffered injuries, arguing this as a ground to quash the FIR. The Court held that such allegations pertain to the defence and must be examined during investigation or trial, not at the pre‑investigation stage. Consequently, the Court found no merit in the petition to interfere with the FIR and dismissed the writ petition.
Issues considered
- What is the appropriate jurisdiction of the High Court to interfere with or quash an FIR under the facts alleged?
Subjects
- FIR
- quash
- criminal force
- obstruction of public servant
- investigation
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10400 of 2026
Vinod Singh alias Vinod Kumar Singh and others
.....Petitioner(s)
Versus
State of U.P. and others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Singh, Vinod Kumar
Singh
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.
1. Heard Mr. Rajesh Kumar Singh, learned Counsel for the petitioners
and Ms. Manju Thakur, learned Additional Government Advocate-I
appearing on behalf of the State.
2. A perusal of the impugned First Information Report ('FIR' for short)
shows that during the construction of a public road, the petitioners, along
with the other accused, not only obstructed the Sub-Divisional Magistrate
and the other Government employees in going about their duty, but also
used criminal force for the purpose. They resorted to brickbatting at the
Police and revenue officials, which led to a pandemonium in the locale.
The local residents closed their doors and windows as a result of the
attack on the revenue and police team.
3. This is a matter, which requires thorough investigation, and whatever
the petitioners argue, saying that there were injuries on their side also, are
matters which belong the realm of defence. All these matters can be
examined during investigation, and if the petitioners are charge-sheeted,
at the trial.
CRLP No. 10400 of 2026
2
4. No case for interference with the impugned FIR is made out.
5. In the result, this petition fails and is dismissed.
6. The Registrar (Compliance) is directed to communicate this order to
the Superintendent of Police, Deoria and the Station House Officer, Police
Station Shrirampur, Deoria, both through the learned Chief Judicial
Magistrate, Deoria.
(Tarun Saxena,J.) (J.J. Munir,J.)
May 7, 2026
I. Batabyal/S.K. Srivastava
Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad
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