Anshika Singh & Anr. v. State Of U.P. And 3 Others
Case at a glance
Provisions considered
Key paragraphs
- Para 77. 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…
Judgment
#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 2 CRLP No. 7515 of 2026
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.) VINAY KUMAR High Court of Judicature at Allahabad
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