Allahabad High Court

Anjar Khan v. State of U.P. thru. Prin. Secy. Home Lko & Ors.

2026 INSC 124 · CRLP/6071/2026

Decision date
2026-06-19
Text availability
Full text
Judges
3470 Justice

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 6071 of 2026 Anjar Khan .....Petitioner(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s) Counsel for Petitioner(s) : Rajesh Kumar Kashyap, Govind Kumar, Vipin Pal Counsel for Respondent(s) : G.A. Court No. - 2 HON'BLE SAURABH LAVANIA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard. 2. The present petition has been filed for the following main relief:-"I. Issue a writ, order or direction in the nature of Certiorari for quashing the impugned FIR NO. 0141 of 2026, dated 29.05.2026 U/S 69, 351(3) BNS 2023, which is registered in PS Imaliya Sultanpur, District Sitapur, contained as ANNEXURE No.1 in the interest of Justice. II. Issue a writ, order or direction in the nature of Mandamus commending the authority concerned to consider the case of petitioner and thereby ordering the Opposite Party No.3 not to arrest the petitioner FIR NO. 0141 of 2026, dated 29.05.2026 U/S 69, 351(3) BNS 2023, which is registered in PS Imaliya Sultanpur, District Sitapur, contained as ANNEXURE No.1 in the interest of Justice."

3. Taking note of the allegations leveled in the FIR against the petitioner and also the law laid down by the Hon'ble Apex Court in the case of Deepak Gulati vs. State of Haryana, (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another, (2021) 7 SCC; Mandar Deepak Pawar vs. State of Maharashtra and Another, 2022 SCC OnLine SC 2110; Amol Bhagwan Nehul vs. State of Maharashtra and another, 2025 SCC OnLine SC 1230 and Pramod Kumar Navratna versus State of Chattisgarh and others, 2026 INSC 124, this Court is of the view that the matter requires consideration. 4. Accordingly, issue notice to the opposite party No. 4. Steps in this regard be taken within seven working days. 5. List this case in the month of July 2026 alongwith service report. 6. Let private opposite party No.4 be also informed by the SHO of Police CRLP No. 6071 of 2026 2 Station- Imaliya, District- Sultanpur regarding the pendency of the present case. 7. Learned AGA is also directed to communicate this order to the SHO concerned and file an affidavit in response to this petition by the next date of listing annexing therewith the proof of information given to the opposite party No. 4 by the SHO concerned. 8. Till the next date of listing, the petitioner shall not be arrested in pursuance of the impugned Case Crime No.0141 of 2026.

9. It is made clear that this order shall not be construed as an order of stay on the investigation. Accordingly the investigation shall go on, as per law, and the petitioner shall cooperate in the same, failing which it shall be one of the grounds to move an application for vacation of this interim order. (Pramod Kumar Srivastava,J.) (Saurabh Lavania,J.) June 19, 2026 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench