Court Finds FIR Inherently Improbable and Ordered Police to Address Inconsistencies
In a significant ruling, the Allahabad High Court's Division Bench at Lucknow, comprising Justices Abdul Moin and Pramod Kumar Srivastava, has quashed an FIR against Akbar Ali, citing it as "fanciful, highly exaggerated, and resembling a movie script". The court also directed the Superintendent of Police, Bahraich, to address the inconsistencies in the FIR through a personal affidavit, highlighting the misuse of legal provisions by the authorities.
The FIR, lodged on January 22, 2026, at Police Station Jarwal Road, Bahraich, implicated Ali under various sections of the Bharatiya Nyaya Sanhita, 2023, the Arms Act, and the U.P. Prevention of Cow Slaughter Act, 1955. However, upon scrutiny, the court found the allegations to be absurd and the narrative of the FIR to be scripted, resembling a cinematic plot rather than a factual account.
The court's decision was heavily influenced by the timing inconsistencies within the FIR. The alleged incident was reported to have occurred at 10:45 a.m. with the FIR being lodged at 2:24 p.m. on the same day. The court questioned how the accused reportedly used the phrase "Ujala hone wala hai" (it's about to be dawn) at 10:45 a.m., pointing out the incongruity of such a statement during daylight hours.
Additionally, the FIR contained dialogues similar to those found in popular movies, such as "Tum log police se ghir chuke ho, Aatm Samarpan kar do" (You have been surrounded by the police, surrender), which further led the court to conclude that the FIR was a "blatant example of abuse of process of law".
Referring to the Supreme Court's guidelines in the landmark case of State of Haryana v. Bhajan Lal, the bench emphasized that when the allegations in an FIR are inherently improbable, the High Court can exercise its extraordinary powers under Article 226 of the Constitution to prevent the abuse of the legal process and secure justice.
The court's order mandates the Superintendent of Police, Bahraich, to submit a personal affidavit within two weeks addressing the discrepancies. It further stipulated that if the affidavit is not filed, the Superintendent would have to appear in person with the records on the next listing date, scheduled for March 16, 2026.
Until the next hearing, the court has directed that no coercive action be taken against Akbar Ali pursuant to the quashed FIR, thereby providing temporary relief to the petitioner.
This ruling underscores the judiciary's role in ensuring that legal processes are not misused and that FIRs are based on factual, plausible grounds rather than exaggerated narratives.
Bottom Line:
FIR quashing - FIR found to be fanciful, highly exaggerated, and inherently improbable - Court directs the Superintendent of Police to file a personal affidavit addressing the inconsistencies in the FIR.
Statutory provision(s):
Criminal Procedure Code, 1973 - Section 482, Bharatiya Nyaya Sanhita, 2023 - Sections 325, 109(1), Arms Act - Sections 25, 4, U.P. Prevention of Cow Slaughter Act, 1955 - Sections 3, 5, 8, Constitution of India - Article 226
Akbar Ali v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2856623
