Allahabad HC quashes FIR under BNS sections for lack of specific allegations against petitioners

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Published 30 October 2026

Case: Abu Bakar And 2 Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
Court: Allahabad High Court
Decided: 26 October 2026
Statutes: Bhartiya Nagrik Suraksha Sanhita — s.528
Bharatiya Nyaya Sanhita — s.352, s.324, s.333
Source: Indian Kanoon (Allahabad HC)

Bottom Line Up Front (BLUF)

In Abu Bakar And 2 Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ..., decided on 2026-10-26, the Allahabad High Court quashed an FIR under Sections 3(5), 191(2), 109(1), 115(2), 352, 351(3), 324 and 333 of the Bharatiya Nyaya Sanhita (BNS), finding that the allegations were general and omnibus, lacking specific details against the petitioners.

Ratio Decidendi · Legal Principle Established

An FIR containing general and omnibus allegations, without specific details attributing roles or actions to individual accused persons, is liable to be quashed.

Practice & Procedural Impact for Advocates

Advocates should ensure FIRs contain specific allegations against each accused to withstand quashing petitions. Litigants facing general allegations in an FIR may have grounds to seek quashing under Section 528 of the BNSS.

Key Legal Takeaways

1FIRs must contain specific allegations, not just general accusations.
2Lack of specific roles for each accused can lead to FIR quashing.
3Section 528 BNSS allows quashing of FIRs for insufficient grounds.

The Legal Issue The petitioners, Abu Bakar and two others, filed a petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) seeking to quash FIR No. 205 of 2026. The FIR, lodged on 24.09.2026 at Police Station Hazratganj, Lucknow, alleged offences under Sections 3(5), 191(2), 109(1), 115(2), 352, 351(3), 324, and 333 of the Bharatiya Nyaya Sanhita (BNS) against the petitioners and more than 12 unnamed persons. The core issue was whether the FIR contained sufficient specific allegations against the petitioners to warrant criminal proceedings.

Court's Reasoning The Allahabad High Court heard arguments from Sri Prashant Chandra, Senior Advocate, for the petitioners, and Sri Mayank Sinha, A.G.A., for the State. The FIR alleged that the petitioners, who run various shops, were threatening the complainant to vacate her boutique. It further claimed that on 21.09.2026, the petitioners and other unnamed individuals attacked the complainant with intent to kill, damaged her shop and goods, and abused her. However, the court found that the allegations in the FIR were general and omnibus, failing to attribute specific roles or actions to each of the named petitioners. The absence of particularized details against individual accused persons rendered the FIR unsustainable.

What Follows The Allahabad High Court, upon finding the allegations to be general and omnibus, quashed FIR No. 205 of 2026. This means that the criminal proceedings initiated against the petitioners based on this specific FIR are terminated. The State is now precluded from prosecuting the petitioners under this FIR for the alleged offences.