Allahabad High Court
SHAHID FAKEER AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court held that it will not exercise its discretion under Article 226 to interfere with the FIR and dismissed the writ petition.
Summary
The petitioners, Shahid Fakeer and another, filed a criminal miscellaneous writ petition under Article 226 of the Constitution challenging the registration of an FIR dated 29 July 2026, which alleged offences under several sections of the BNS. The FIR pertained to a cognizable offence recorded at Kotwali police station, Deoria. The High Court examined whether it could entertain a writ petition at this preliminary stage of criminal investigation. The Court held that it would not exercise its discretionary jurisdiction under Article 226 to quash or modify the FIR and directed the petitioners to pursue other legal remedies. Consequently, the writ petition was dismissed.
Issues considered
- Whether a writ petition under Article 226 can be entertained to challenge the registration of an FIR at the investigation stage
- Whether the High Court should exercise its discretionary jurisdiction to quash the FIR
Legislation cited
- BNS — s. 317(5), 318(4), 319(2), 336(3), 338, 340(2)
- Constitution of India — s. Article 226
Subjects
- writ petition
- FIR
- Article 226
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21486 of 2026
Shahid Fakeer And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Yadav
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the petitioners and learned AGA for the
State-respondents.
2. The present writ petition has been filed challenging the FIR dated
29.07.2026 arising out of Case Crime No. 0499 of 2026, under Sections
319(2), 318(4), 317(5), 338, 340(2), 336(3) of BNS, Police Station-
Kotwali, District- Deoria.
3. The recitals in the First Information Report disclose commission of a
cognizable offence.
4. In view of the above, we refrain from exercising our discretion under
Article 226 of the Constitution of India at this stage. The petitioners may
exercise other remedy available to them in law.
5. With the aforesaid, the present writ petition is hereby dismissed.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 23, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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