Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10762 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Harish Yadav, the learned counsel for petitioner and the learned AGA representing State-respondents 1 & 2. 2. Perused the record. 3. Petitioner- Nitin Nagar, who is a nominated accused in the FIR dated 24.02.2026 and registered as Case Crime No. 23 of 2026 has approached this Court by means of present Criminal Misc. Writ Petition with the following prayer :-
"(a) Issue a writ, order or direction in the nature of certiorari for quashing the impugned first information report dated 24.02.2026 lodged by respondent No.4 registered as Case Crime No. 23 of 2026, under Sections 103(1), 109, 191(3), 61(2) of B.N.S. 2023, Police Station- Echotech I, District- Gautam Buddha Nagar (Annexure No. 6 of the writ petition). (b) Issue a writ, order or direction in the nature of mandamus directing the concerned Investigating Officer to collect and verify the CCTV footage of 24.02.2026 from CCTV Cameras installed in premises of District and Session Court, Gautam Buddha Nagar along with the CCTV footage which has already been collected by concerned police from the place of incident, in respect of Case Crime No. 23 of 2026, Police Station Ecotech I, Gautambuddha Nagar to ascertain that whether the petitioner was present at the place of alleged incident or not and to take appropriate action accordingly; so that fair and impartial investigation by concern police may be ensured." Versus Counsel for Petitioner(s) : Harish Yadav Counsel for Respondent(s) : G.A. Nitin Nagar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
4. Learned AGA representing State-respondents 1 & 2 has raised a preliminary objection by contending that an accused has no right of say during course of investigation. As such, the present writ petition is misconceived and, therefore, liable to be dismissed. 5. When confronted with above, the learned counsel for petitioner could not overcome the same. 6. Having heard the learned counsel for petitioner, the learned AGA representing State-respondents 1 & 2 and upon perusal of record, we find that the objections raised by the learned AGA in opposition to present writ petition are clearly borne out from the record. 7. As a result, the present writ petition fails and is liable to be dismissed. 8. It is accordingly, dismissed.
May 12, 2026 Rama Kant CRLP No. 10762 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad