Allahabad High Court
ANSHIKA SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A criminal miscellaneous writ petition is not maintainable unless the petitioner is named in the FIR or a wanted report exists against them.
Summary
Petitioners Anshika Singh and Salman Khan filed a criminal miscellaneous writ petition challenging an FIR dated 28.03.2026 in which they were not named and for which no wanted report existed. The State, through the learned Additional Government Advocate, raised a preliminary objection that the petition was not maintainable because the petitioners were not identified in the FIR. The court examined the objection and found it substantiated by the record, noting that the petitioners failed to demonstrate any legal right to challenge the FIR. Relying on precedents that require a direct interest or naming in the FIR for maintainability, the court held the petition untenable. Consequently, the writ petition was dismissed.
Issues considered
- Whether a criminal miscellaneous writ petition is maintainable when the petitioners are not named in the FIR and no wanted report is filed against them
Subjects
- maintainability
- criminal miscellaneous writ petition
- FIR
- wanted report
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7515 of 2026
Anshika Singh And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Md Zakir Husain, Nuruddin Khan
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Mohd. Nuruddin Khan, the learned counsel for petitioners
and the learned A.G.A. for State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioners-Anshika Singh and Salman Khan have approached this
Court by means of present criminal misc. writ petition challenging the
FIR dated 28.03.2026 lodged by first informant/respondent-4 Satish Singh
and registered as Case Crime No. 70 of 2026, under Section 87 BNS,
Police Station-Jahanaganj, District-Azamgarh.
4. On the matter being taken up, the learned A.G.A. for State-respondents
1, 2 and 3 has raised a preliminary objection by contending that since
petitioners are not named in the impugned FIR nor there is any wanted
report on the record, therefore, the present writ petition at the behest of
petitioners is not maintainable.
5. To buttress his submission, the learned A.G.A. has referred to the
judgment dated 07.02.2022 passed by Apex Court in Special Leave to
Appeal (Crl.) No. 762 of 2020 (Hukum Chand Garg and Another Vs.
The State of U.P. and Others) as well as two different Division Bench
judgments of this Court passed in Criminal Misc. Writ Petition No.
6048 of 2025 (Imran Khan Vs. State of U.P. and 3 Others) decided on
02.04.2025 and Criminal Misc. Writ Petition No. 7347 of 2025 (Prema
Devi and Another Vs. State of U.P. and 3 Others) decided on
CRLP No. 7515 of 2026
2
17.04.2025. On the above premise, the learned A.G.A. thus submits that
present writ petition is not maintainable and therefore, liable to be
dismissed.
6. When confronted with above, the learned counsel for petitioners could
not over come the same.
7. Having heard, the learned counsel for petitioner, the learned A.G.A. for
State-respondents 1, 2 and 3, upon perusal of record and considering the
objections raised by the learned A.G.A. in opposition to present writ
petition as noted herein above, we find that the same are clearly borne out
from the record. Furthermore, the learned counsel for petitioners could
not dislodge the same with reference to the record at this stage.
8. As a result, the present writ petition fails and is liable to be dismissed
on the ground of maintainability.
9. It is, accordingly, dismissed.
May 6, 2026
Vinay
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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