Allahabad High Court
ARSHAD AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The Court declined to quash the FIR and disposed of the writ petition, while allowing the petitioners to seek anticipatory bail and other remedies elsewhere.
Summary
The petitioners Arshad and another filed a criminal miscellaneous writ petition seeking quashing of the FIR registered against them. During the hearing, the petitioners, through counsel Sharda Prasad Mishra, withdrew the request for quashing the FIR. The court consequently declined the relief for quashing the FIR. The petitioners then asked the court to grant them liberty to approach a competent court for anticipatory bail and other legal remedies. The bench observed that the petitioners are free to avail themselves of any other legal remedies and disposed of the writ petition. No other substantive orders were made.
Issues considered
- Whether the High Court can quash the FIR on the petitioner's application
- Whether the petitioners should be granted liberty to approach a competent court for anticipatory bail
Subjects
- quashing FIR
- anticipatory bail
- writ petition
- criminal procedure
- legal remedies
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21152 of 2026
Arshad And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sharda Prasad Mishra, Vipin Kumar
Pandey
Counsel for Respondent(s) : G.A., Satya Prakash Singh
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
After some arguments Shri Sharda Prasad Mishra, learned
counsel for the petitioners do not wish to press the relief for
quashing of F.I.R. sought in the writ petition.
The relief sought for quashing of the F.I.R. is accordingly
declined.
Shri Sharda Prasad Mishra, learned counsel for the petitioners
recasts the relief and submits that the petitioners may be granted
liberty to approach the competent court for anticipatory bail and
for seeking other available legal remedies.
The writ petition is disposed of with the observation that it is
always open to the petitioners to avail other legal remedies as
may be advised.
Shri Satya Prakash Singh, learned counsel for the respondent 4
is present.
(Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
September 18, 2026
Dhananjai
Digitally signed by :-
DHANANJAI
High Court of Judicature at Allahabad
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