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Allahabad High Court

MOHD SAIF ALI KHAN ALIAS MOHAMMAD SAIFversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition for quashing the FIR was dismissed, and the petitioner was directed to approach the appropriate court for anticipatory bail and other remedies.

Summary

The petitioner, Mohd Saif Ali Khan, filed a criminal miscellaneous writ petition seeking the quashing of the FIR registered against him. During the hearing, the petitioner, through counsel, withdrew the request for quashing the FIR. Consequently, the court declined the relief for quashing the FIR. The petitioner then sought leave to approach a competent court for anticipatory bail and other legal remedies. The High Court disposed of the writ petition, observing that the petitioner is free to pursue other available remedies, including anticipatory bail, before the appropriate forum.

Issues considered

  • Whether the High Court can grant relief for quashing the FIR in the writ petition
  • Whether the petitioner may be permitted to seek anticipatory bail through the writ petition

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 22490 of 2026

                                    Mohd Saif Ali Khan Alias Mohammad Saif
                                                                                             .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)       : Dharmendra Kumar, Shahbaz Ahamad
                                                                      Khan
                                    Counsel for Respondent(s)       : G.A.

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

                                    After some arguments, Shri Dharmendra Kumar, learned
                                    counsel for the petitioner submits that the petitioner does 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 Dharmendra Kumar, learned counsel for the petitioner
                                    recasts his relief and prays that the petitioner may be granted
                                    leave 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
                                    open to the petitioner to avail other legal remedies as may be
                                    advised.


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




Digitally signed by :-
VANDIT AGRAWAL
High Court of Judicature at Allahabad


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