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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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