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Allahabad High Court

GUDDI DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court declined to quash the FIR and held that the petitioners may pursue anticipatory bail or other legal remedies in the appropriate forum.

Summary

Guddi Devi and another filed a criminal miscellaneous writ petition seeking quashing of the FIR registered against them. During the hearing, the petitioners, through counsel, withdrew the request for quashing the FIR. The petitioners then asked the Court to grant them liberty to approach a competent court for anticipatory bail and other remedies. The Court declined the relief for quashing the FIR, holding that it was not appropriate at this stage. It observed that the petitioners remain free to seek anticipatory bail or any other legal remedy in the appropriate forum. Consequently, the writ petition was disposed of without any substantive order against the FIR.

Issues considered

  • Whether the High Court can quash the FIR on the petitioners' behalf.
  • Whether the petitioners should be granted liberty to approach a competent court for anticipatory bail and other remedies.

Subjects

  • FIR
  • quashing of FIR
  • anticipatory bail
  • writ petition
  • criminal procedure
  • high court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 23269 of 2026

                                    Guddi Devi And Another
                                                                                             .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)       : Shivam Kumar Mishra, Vinay Kumar
                                                                      Mishra
                                    Counsel for Respondent(s)       : G.A.

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

                                    After some arguments Shri Manish Mani Tripathi, learned
                                    counsel holding brief of Shri Vinay 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 Manish Mani Tripathi, learned counsel holding brief of Shri
                                    Vinay 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 24, 2026
                                    Dhananjai




Digitally signed by :-
DHANANJAI
High Court of Judicature at Allahabad


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