Allahabad High Court
MAHENDRA KUMAR MISHRAversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
A writ petition directing the registration of an FIR is not maintainable and must be dismissed.
Summary
Petitioner Mahendra Kumar Mishra filed a criminal miscellaneous writ petition seeking a mandamus directing the State of Uttar Pradesh and four other respondents to register an FIR based on his complaint dated 18‑11‑2025. The respondents, through the learned Additional Government Advocate, raised a preliminary objection that writ jurisdiction does not extend to ordering registration of an FIR, relying on the Supreme Court decision in M. Subramaniam v. S. Janaki (2020). The Court examined the objection and found it well‑founded, concluding that the petition was not maintainable. Consequently, the Court dismissed the writ petition. No substantive merits of the complaint were considered.
Issues considered
- Whether a criminal miscellaneous writ petition seeking a direction to register an FIR is maintainable under Article 226 of the Constitution.
Subjects
- mandamus
- FIR registration
- maintainability
- writ jurisdiction
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10764 of 2026
Mahendra Kumar Mishra
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Umesh Kumar Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Umesh Kumar Shukla, the learned counsel for petitioner and
the learned AGA representing State-respondents 1 to 4.
2. Perused the record.
3. Petitioner- Mahendra Kumar Mishra has approached this Court by
means of present Criminal Misc. Writ Petition for a writ of mandamus
commanding the respondents to register an FIR on the basis of complaint
dated 18.11.2025 made by petitioner.
4. At the very outset, the learned AGA representing State-respondents 1 to 4
has raised a preliminary objection regarding maintainability of present writ
petition. Learned AGA submits that no writ petition can be filed for a
direction to State-respondents to register an FIR. To buttress his submission,
he has relied upon the judgement of Supreme Court in M. Subramaniam v.
S. Janaki, 2020 (16) SCC 728. It is urged by the learned AGA that in
view of above, the present writ petition is liable to be dismissed.
5. When confronted with above, the learned counsel for petitioner could not
overcome the same.
CRLP No. 10764 of 2026
2
6. Having heard the learned counsel for petitioner, the learned AGA
representing State-respondents 1 to 4 and upon perusal of record, we find
that the preliminary objection raised by the learned AGA in opposition to
present writ petition is clearly borne out from the record.
7. As a result, the present writ petition fails and is liable to be dismissed.
8. It is accordingly, dismissed.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 12, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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