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Allahabad High Court

HAZI SALMAN AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court declined to quash the FIR and disposed of the writ petition, permitting the petitioners to pursue other legal remedies such as anticipatory bail.

Summary

Petitioners Hazi Salman and four others filed a criminal miscellaneous writ petition before the Allahabad High Court seeking quashing of the FIR registered against them. During the hearing, counsel for the petitioners withdrew the request for quashing the FIR. The Court consequently declined the relief to quash the FIR. The petitioners then sought liberty to approach a competent court for anticipatory bail and other legal remedies. The Court disposed of the writ petition, observing that the petitioners remain free to avail themselves of any other appropriate legal remedies. No substantive discussion on the merits of the FIR was undertaken.

Issues considered

  • Whether the FIR registered against the petitioners can be quashed under the appropriate provisions of criminal procedure law
  • Whether the petitioners are entitled to liberty to seek anticipatory bail and other remedies in lieu of quashing the FIR

Subjects

  • criminal procedure
  • FIR
  • quash
  • anticipatory bail
  • writ petition
  • high court
  • legal remedies

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 21946 of 2026

                                    Hazi Salman And 4 Others
                                                                                           .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 3 Others
                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)     : Rajiv Kumar Mishra, Shashi Kant
                                    Counsel for Respondent(s)     : G.A., Naveen Kumar Yadav, Pradeep
                                                                    Kumar Yadav, Raj Pratap Yadav

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

                                    After some arguments Shri Rajiv Kumar 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 Rajiv Kumar 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.




                                                             (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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