Allahabad High Court
ARSHAD ALIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition was dismissed as the prayer was vague and the court will not interfere; the petitioner may challenge the FIR before the criminal roaster bench.
Summary
The petitioner, Arshad Ali, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and others to protect his life and property from alleged political harassment by ruling party elements. The petition was dismissed because the prayer was vague and could not be granted on that basis. The court noted that a criminal case (Crime No. 143 of 2026) had been registered under Section 103(1) and 3(5) at B.N.S. Police Station, where the petitioner, though not named in the FIR, was implicated by an application from the victim's mother. The judges held that the petitioner could instead challenge the FIR by filing an appropriate writ before the criminal roaster bench. Consequently, no relief was granted and the petition was dismissed.
Issues considered
- Whether a mandamus can be issued to protect the petitioner from alleged political intimidation and false criminal implication.
- Whether the petition can be entertained despite the vague and indefinite prayer.
Subjects
- mandamus
- vague prayer
- FIR
- criminal conspiracy
- political harassment
- minority rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39393 of 2026
Arshad Ali
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lal Behari Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
This petition has been filed seeking a mandamus directing the respondents
to protect the lives and properties of the petitioner and his family from
rowdy elements belonging to the ruling party, who are adamant to falsely
implicate the petitioner in a criminal case on account of being members of
the minority community.
The relief is very vaguely worded and can hardly be granted for that
reason alone. At this stage, Mr. P.K.Shahi, learned Additional Chief
Standing Counsel brings to our notice the fact that the Case Crime No.
143 of 2026 under Section 103(1) and 3(5) B.N.S. Police Station
Bhaduani, District Deoria has been registered where the petitioner though
not named in the FIR has an application given by the mother of the
deceased, victim of the crime saying that the petitioner had threatened the
deceased with death and has assigned him the role of a conspirator.
We are, therefore, of opinion that while we cannot grant any relief to the
petitioner on the basis of the vague prayer made before us, it is open to
the petitioner to question the FIR by moving an appropriate writ petition
before the Bench holding criminal roaster. So far as this petition is
concerned, we are not inclined to interfere. It is accordingly dismissed.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 29, 2026
Pratima
Digitally signed by :-
PRATIMA AGRAHARI
High Court of Judicature at Allahabad
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