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2026 DAILYLAW 2612 (ALL)

MAHENDRA KUMAR MISHRA v. STATE OF UTTAR PRADESH AND 4 OTHERS

CRLP/10764/2026 · 2026-05-11

Padam Narain Mishra, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10764 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Umesh Kumar Shukla, the learned counsel for petitioner and the learned AGA representing State-respondents 1 to 4. 2. Perused the record. 3. Petitioner- Mahendra Kumar Mishra has approached this Court by means of present Criminal Misc. Writ Petition for a writ of mandamus commanding the respondents to register an FIR on the basis of complaint dated 18.11.2025 made by petitioner. 4. At the very outset, the learned AGA representing State-respondents 1 to 4 has raised a preliminary objection regarding maintainability of present writ petition. Learned AGA submits that no writ petition can be filed for a direction to State-respondents to register an FIR. To buttress his submission, he has relied upon the judgement of Supreme Court in M. Subramaniam v. S. Janaki, 2020 (16) SCC 728. It is urged by the learned AGA that in view of above, the present writ petition is liable to be dismissed. 5. When confronted with above, the learned counsel for petitioner could not overcome the same. Versus Counsel for Petitioner(s) : Umesh Kumar Shukla Counsel for Respondent(s) : C.S.C. Mahendra Kumar Mishra .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) 6. Having heard the learned counsel for petitioner, the learned AGA representing State-respondents 1 to 4 and upon perusal of record, we find that the preliminary objection raised by the learned AGA in opposition to present writ petition is 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. 10764 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad