Dismissed¶20

Akeel and Another v. State of U.P. and 4 Others

Allahabad HC5 May 2026CRLP/10392/2026

Case brief

AI extract

What is this about?

Locus standi of persons not named in FIR to seek mandamus for fair investigation; maintainability of criminal misc. writ petition; Section 137(2) BNS; Case Crime No. 0140 of 2026, P.S. Gursahiganj, Kannauj; FIR dated 01.04.2026; writ petition dismissed; Hukum Chand Garg v. State of U.P.; Imran Khan v. State of U.P.; Prema Devi v. State of U.P.; Allahabad High Court; A.G.A. preliminary objection upheld.

What did the court decide?

The objections raised by the learned A.G.A. in opposition to the writ petition — that petitioners, not being named in the FIR, have no locus to maintain it — are clearly borne out from the record and could not be dislodged by the learned counsel for petitioners. ¶19

Akeel and Another Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. WRIT PETITION No. - 10392 of 2026

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Akeel And Another

¶4

.....Petitioner(s)

¶5

Versus

¶6

State Of U.P. And 4 Others

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.....Respondent(s)

¶8

Counsel for Petitioner(s)	: Maohammd Nadeem
Counsel for Respondent(s)	: G.A.

¶9

Court No. - 49

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HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J.

¶11

Heard Mr. Mohammad Nadeem, the learned counsel for petitioners and the learned A.G.A. for State-respondents 1, 2, 3, 4 and 5.

¶12

Perused the record.

¶13

Petitioners-Akeel and Mohammad Shakil Khan have approached this Court by means of present criminal misc. writ petition for a writ of mandamus commanding respondents to conduct fair and impartial investigation of Case Crime No. 0140 of 2026, under Section 137(2) BNS, Police Station-Gursahiganj, District-Kannauj arising out of FIR dated 01.04.2026 lodged by first informant-Shahid Ali @ Shanu.

¶14

On the matter being taken up, the learned A.G.A. for State-respondents 1, 2, 3, 4 & 5 submits that since petitioners are not named in the FIR giving rise to concerned case crime number, therefore, petitioners do not have any locus to maintain present writ petition. To buttress his submission, the learned A.G.A. thus referred to the judgment dated 07.02.2022 passed by the 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 the 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 17.04.2025. On the above premise, the learned A.G.A. thus submits that present writ petition

¶15

CRLP No. 10392 of 2026

¶16

¶17

is not maintainable and therefore, liable to be dismissed.

¶18

When confronted with above, the learned counsel for petitioners could not overcome the same.

¶19

Having heard, the learned counsel for petitioner, the learned A.G.A. for State-respondents 1, 2, 3, 4 & 5 and upon perusal of record, we find that the objections raised by the learned A.G.A. in opposition to present writ petition are clearly borne out from the record. Furthermore, the same could not be dislodged by the learned counsel for petitioners with reference to the record at this stage.

¶20

As a result, present writ petition fails and is liable to be dismissed.

¶21

It is, accordingly, dismissed .

¶22

May 6, 2026

¶23

Vinay

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(Padam Narain Mishra,J.) (Rajeev Misra,J.)

¶25

Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Akeel and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Akeel and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

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