Ram Gopal v. State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Others
Maintainability – Second writ petition
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition 10137 of 2025, decided 15.12.2025 by Rajnish Kumar and Zafeer Ahmad, JJ. Petitioner Ram Gopal challenged an F.I.R. by way of a second writ petition; the A.G.A.'s preliminary objection on non-maintainability was accepted because the first writ petition had been dismissed by order dated 10.10.2025 with liberty to pursue other remedies (order reproduced, mentioning Satender Kumar Antil v. CBI, (2022) 10 SCC 51 and liberty to approach the trial court). Petition dismissed. Keywords: second writ petition, same relief, same FIR, maintainability, liberty to pursue other remedy, withdrawal, trial court, anticipatory bail.
What did the court decide?
In view of the liberty granted in the order dated 10.10.2025 to pursue any other remedy available under law in regard to the impugned F.I.R., a second writ petition seeking the same relief, i.e., challenging the same F.I.R., is not maintainable, and is accordingly dismissed.