Allahabad High Court

RAMSURAT PRASADversusSTATE OF U.P. AND ANOTHER

Decided: 27 January 2026

Holding

The Court held that the Additional Government Advocate must clarify the circumstances under which an inquiry may be initiated when a non‑cognizable offence is recorded as an FIR.

Summary

Ramsurat Prasad filed an application under Section 528 of the Criminal Procedure Code against the State of Uttar Pradesh. The applicant questioned the initiation of an inquiry after a non‑cognizable offence was recorded in an FIR and sought clarification on how such an FIR could be registered as a cognizable offence. The learned Additional Government Advocate was directed to provide specific instructions on these points. The Court found the earlier instructions unsatisfactory and ordered the AGA to complete them. The matter was adjourned and scheduled to be heard afresh on 25 March 2026.

Issues considered

Whether an inquiry can be lawfully initiated when a non‑cognizable offence has been registered in the form of an FIR
Whether an FIR can be recorded as a cognizable offence when the underlying offence is non‑cognizable

Legislation cited

Code of Criminal Procedure, 1973 — s. 528

Subjects

Section 528 CrPC
non-cognizable offence
inquiry
FIR
procedural direction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 46420 of 2025

                                    Ramsurat Prasad
                                                                                               .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Arvind Kumar Srivastava, Bhaju Ram
                                                                    Pprasad Sharma
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 75
                                                     HON'BLE SAURABH SRIVASTAVA, J.

                                    1. Learned A.G.A. although received certain papers, but the same are not
                                    satisfactory in shape of instructions, which was required and directed on
                                    previous occasion.

                                    2. Sri Anand Sagar Dubey, learned AGA-I, is hereby requested to complete
                                    his instructions specifically over the issue that under which circumstances
                                    the inquiry has been initiated once the non-cognizable offence has been
                                    registered in shape of FIR how the FIR has been registered under the
                                    cognizable offence?

                                    2. Put up this case as fresh on 25.03.2026.

                                    March 10, 2026
                                    Saif
                                                                                      (Saurabh Srivastava,J.)




Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…