Disposed¶22

Mahboob Ali and 3 Others v. State of U.P. and 3 Others

Allahabad HC23 Mar 2026CRLP/5364/2026

Case brief

AI extract

What is this about?

Interim protection from arrest; writ petition against FIR; S. 109(1) BNS; case crime no. 0061 of 2026; FIR dated 15.2.2026; P.S. Civil Lines, District Rampur; 'no injury' firing case; notice to respondent no. 4; counter/rejoinder affidavits; listed 22.5.2026; petition qua petitioner no. 1 withdrawn; Mahboob Ali v. State of U.P.; Allahabad High Court; Rajiv Gupta, J.; Dr. Ajay Kumar-II, J.; CRLP No. 5364 of 2026.

What did the court decide?

Interim relief: petitioners not to be arrested in pursuance of the impugned F.I.R. till the next date (22.5.2026); notice issued to respondent no. 4 returnable within four weeks; counter affidavit by learned AGA and rejoinder affidavit permitted; writ petition qua petitioner no. 1 dismissed as withdrawn; matter kept pending for final hearing. ¶22

Mahboob Ali and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition warrants consideration, i.e., whether the petitioners are entitled to protection from arrest in pursuance of the impugned F.I.R. dated 15.2.2026 (case crime no. 0061 of 2026, S. 109(1) BNS), in light of the contention that nobody received any injury.

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Court's answer

As an interim measure, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 15.2.2026 (case crime no. 0061 of 2026, S. 109(1) BNS) until the next date of listing (22.5.2026); notice was issued to respondent no. 4 returnable within four weeks, with liberty to file counter and rejoinder affidavits.

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Ratio / Principle

On the statement of learned counsel for the petitioners that he does not want to press the writ petition qua petitioner no. 1, the writ petition qua petitioner no. 1 is dismissed as withdrawn.

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Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Gupta, J. and Dr. Ajay Kumar-II, J.) in Criminal Misc. Writ Petition No. 5364 of 2026, Mahboob Ali and 3 others v. State of U.P. and 3 others (decided 23.3.2026): By way of an interim order in a writ petition concerning an F.I.R. dated 15.2.2026 (case crime no. 0061 of 2026, under section 109(1) of BNS., P.S. Civil Lines, District Rampur), the Court recorded counsel's submission that the firing alleged caused no injury to anyone, found that the matter required consideration, issued notice to respondent no. 4 returnable within four weeks, permitted the State to file a counter affidavit and the petitioners a rejoinder, listed the matter for 22.5.2026, and directed that till then the petitioners shall not be arrested in pursuance of the impugned F.I.R. The writ petition qua petitioner no. 1 was dismissed as withdrawn on counsel's statement at the Bar. No final decision on the merits was rendered.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 5364 of 2026

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Mahboob Ali And 3 Others

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.....Petitioner(s)

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Versus

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State Of U.P. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Suneel Kumar
Counsel for Respondent(s)	: G.A.

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Court No. - 48

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HON'BLE RAJIV GUPTA, J. HON'BLE DR. AJAY KUMAR-II, J.

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At the very outset, learned counsel for the petitioners has made a statement at the Bar that he does not want to press this writ petition qua petitioner no. 1, as such, the writ petition qua petitioner no. 1 may be dismissed as withdrawn.

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In view of the above statement, the instant writ petition qua petitioner no. 1 is dismissed as withdrawn.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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Learned counsel for the petitioners has submitted that the petitioners are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the petitioners has next submitted that although in the instant case, firing is said to have been resorted, however, nobody has received any injury and it is a case of no injury.

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In view thereof, matter requires consideration.

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Issue notice to respondent no. 4 returnable within four weeks.

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Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within one week thereafter.

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CRLP No. 5364 of 2026

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List on 22.5.2026.

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Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 15.2.2026, arising out of case crime no. 0061 of 2026, under section 109(1) of BNS., P.S. Civil Lines, District Rampur.

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(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)

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March 23, 2026

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Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad

Mahboob Ali and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mahboob Ali and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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