Allahabad High Court
PRACHIversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The writ petition is dismissed because the petitioner has an alternative remedy under the B.N.S.S., and the court cannot direct the filing of an FIR.
Summary
The petitioner, Prachi, filed a criminal miscellaneous writ petition seeking a court direction for the respondents, the State of Uttar Pradesh and five others, to lodge an FIR. The petitioner’s counsel argued that the court should compel the respondents to register the FIR. The respondents contended that the petitioner had an alternative remedy under the provisions of the B.N.S.S. The Court held that when an alternative statutory remedy is available, a writ petition cannot be used to compel the filing of an FIR. Consequently, the Court dismissed the writ petition as it was deemed liable to be dismissed. The dismissal was pronounced by both judges on 24 September 2026.
Issues considered
- Whether a writ petition is maintainable to direct the filing of an FIR when an alternative remedy under the B.N.S.S. exists
- Whether the High Court can compel the State to lodge an FIR through a writ
Legislation cited
Subjects
- writ petition
- FIR
- alternative remedy
- criminal procedure
- high court jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22499 of 2026
Prachi
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shaili Ganguly
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
Ms. Shaili Ganguly, learned counsel for the petitioner submits
that the petitioner has made a prayer for a direction upon the
respondents to lodge an F.I.R.
The petitioner has an alternative remedy of approaching the
competent court under the relevant provisions of the B.N.S.S.
In view of the above, the writ petition is liable to be dismissed
and is accordingly dismissed.
(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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