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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