Amit Singh Parihar vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Amit Singh Parihar vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions: Superintendent of Police, Fatehpur to appear in person on the next date to explain non-compliance of the Division Bench order dated 22.1.2026; copy of the order to be served on the SP within 24 hours through the Registrar (Compliance) and to the learned AGA; challenge to the FIR-related order held infructuous with liberty to challenge the FIR before the appropriate forum; matter to be listed fresh on 26.2.2026.

Issue for consideration

Whether the Superintendent of Police, Fatehpur has complied with the Division Bench order dated 22.1.2026 in Contempt Application (Criminal) No. 15 of 2025 (Shailendra Singh vs. Rama Shankar Saroj) directing provision of proper security to counsel, and if not, why. +1 more

Court's answer

Superintendent of Police, Fatehpur directed to appear in person on the next date to explain the circumstances in which the Division Bench order dated 22.1.2026 in Contempt Application (Criminal) No. 15 of 2025 has not been complied with.

Ratio / Principle

Copy of the order to be served upon the Superintendent of Police, Fatehpur within 24 hours through the Registrar (Compliance) of the Court, and a copy provided to Sri Pawan Srivastava, learned AGA, for intimation to the SP and for seeking proper response to the direction dated 22.1.2026.

Key takeaways

Since the FIR has been registered as Case Crime No. 29 of 2026 pursuant to the impugned order, the cause of action for challenging the order through which the FIR was lodged stands rendered infructuous.ratio¶¶12
The applicant's remedy is to challenge the FIR on the grounds raised in the instant application before the appropriate forum of law.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), Application u/s 528 BNSS No. 6638 of 2026, decided February 24, 2026: (i) the Superintendent of Police, Fatehpur was directed to appear in person on the next date to explain why the Division Bench order dated 22.1.2026 in Contempt Application (Criminal) No. 15 of 2025 (Shailendra Singh vs. Rama Shankar Saroj) — which in para 9 required the SP to provide proper security to counsel — had not been complied with; copy of the order to be served on the SP within 24 hours through the Registrar (Compliance) and to the learned AGA; (ii) the challenge to the order pursuant to which the FIR was lodged was rendered infructuous upon registration of Case Crime No. 29 of 2026, the applicant's remedy being to challenge the FIR before the appropriate forum; (iii) the matter was directed to be listed fresh on 26.2.2026 on the SP's compliance response.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 6638 of 2026

Amit Singh Parihar

.....Applicant(s)

Versus

State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Amit Singh Parihar Counsel for Opposite Party(s) : G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard applicant Sri Amit Singh Parihar (in person) and learned AGA for State.

Superintendent of Police, Fatehpur is hereby directed to appear in person on the next date for explaining plausible reasons that under which circumstances, order dated 22.1.2026 passed by Division Bench of this Court in Contempt Application (Criminal) no. 15 of 2025 (Shailendra Singh vs. Rama Shankar Saroj), has not been complied with till today, since in the said order it is specifically mentioned under para 9 for providing proper security to the counsel by Superintendent of Police, Fatehpur.

Let copy of this order be served upon Superintendent of Police, Fatehpur within 24 hours through Registrar (Compliance) of this Court and copy of this order be also provided to Sri Pawan Srivastava, learned AGA for intimation to Superintendent of Police, Fatehpur and for seeking proper response to the direction dated 22.1.2026 passed by Division Bench of this Court.

It is informed by learned counsel who is appearing in person that in pursuance to order which impugned the instant application, FIR has already been registered in shape of Case Crime no. 29 of 2026 and as such cause of action for challenging the order through which FIR has been lodged, rendered infructuous. The remedy lies before the applicant to challenge the FIR on the ground so raised through instant application

NA528 No. 6638 of 2026

2

before appropriate forum of law.

So far as the response at the behest of Superintendent of Police, Fatehpur for compliance of order dated 22.1.2026 is concerned, put up this matter as fresh on 26.2.2026.

(Saurabh Srivastava,J.)

February 24, 2026

Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad