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Allahabad High Court

SANJAY KUMAR AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court declined to quash the FIR and permitted the petitioners to seek anticipatory bail and other remedies, disposing of the writ petition.

Summary

Petitioners Sanjay Kumar and five others filed a criminal miscellaneous writ petition seeking the quashing of the FIR registered against them. During the hearing, counsel for the petitioners withdrew the request for quashing and instead prayed for leave to approach a competent court for anticipatory bail and other legal remedies. The learned Additional Government Advocate raised no objection to this revised prayer. The Court declined to quash the FIR and allowed the petitioners to seek anticipatory bail and other remedies, disposing of the writ petition while leaving the door open for further legal actions.

Issues considered

  • What relief can be granted in a writ petition when the petitioner withdraws the request for quashing the FIR and seeks permission to approach another court for anticipatory bail?

Subjects

  • criminal procedure
  • FIR
  • quashing of FIR
  • anticipatory bail
  • writ petition
  • legal remedies
  • High Court

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 21081 of 2026

                                    Sanjay Kumar And 5 Others
                                                                                                 .....Petitioner(s)
                                                                           Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                          :   Nirbhay Singh
                                    Counsel for Respondent(s)                          :   G.A.

                                    Court No. - 49
                                                        HON'BLE AJAY BHANOT, J.
                                                        HON'BLE DIVESH CHANDRA SAMANT, J.

                                    After some arguments, Shri Nirbhay Singh, learned counsel for
                                    the petitioners submits that the petitioners do not wish to press
                                    the relief for quashing of the F.I.R. in the writ petition.

                                    The relief sought for quashing of the F.I.R. is accordingly
                                    declined.

                                    Shri Nirbhay Singh, learned counsel for the petitioner recasts his
                                    relief and prays that the petitioners may be granted leave to
                                    approach the competent court for anticipatory bail and for
                                    seeking other available legal remedies with them under the law.

                                    Learned A.G.A. does not have any objection to the aforesaid
                                    prayer.

                                    The writ petition is disposed of leaving it open to the petitioners
                                    to avail other legal remedies available with them under the law.


                                                                   (Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
                                    September 24, 2026
                                    Ashish Tripathi




Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad


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