Allahabad High Court
NAGINA YADAVversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The FIR discloses the commission of cognizable offences; therefore, there is no ground to quash it.
Summary
Nagina Yadav filed a criminal miscellaneous writ petition challenging an FIR dated 24‑08‑2026 that registered a case under several sections of the Indian Penal Code and Section 12 of the Passport Act. The petition sought quashing of the FIR on the ground that it did not disclose a cognizable offence. The High Court examined the recitals of the FIR and held that they sufficiently disclosed the commission of cognizable offences. Consequently, the Court found no merit in the prayer to quash the FIR. The petition was therefore dismissed.
Issues considered
- Whether the FIR dated 24‑08‑2026 discloses a cognizable offence sufficient to deny a petition for quashing.
- Whether the petitioner is entitled to have the FIR quashed on the basis of alleged insufficiency of allegations.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2)
- Passport Act, 1967 — s. 12
Subjects
- quash of FIR
- cognizable offence
- criminal procedure
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21593 of 2026
Nagina Yadav
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinay Kumar Singh
Counsel for Respondent(s) : A.S.G.I., G.A., Sanjay Dwivedi
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
Heard the counsel for the petitioner, the A.G.A. representing
respondent Nos. 1 to 4 and Shri Sanjay Dwivedi, Advocate,
representing respondent No. 5.
The present writ petition has been filed challenging the First
Information Report dated 24.08.2026 registering Case Crime No.
0376 of 2026, under Sections 318(4), 319(2), 336(3), 338 and 340(2)
B.N.S. and Section 12 of Passport Act, 1967, Police Station-
Barhalganj, District-Gorakhpur.
The recitals in the first information report disclose commission of
cognizable offence.
In view of the aforesaid, no case for quashing the first information
report is made out.
For the aforesaid reason, the present writ petition is dismissed.
September 23, 2026
Anurag/-
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
Digitally signed by :-
ANURAG KUMAR VERMA
High Court of Judicature at Allahabad
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