Prayagraj , The Allahabad High Court has dismissed a writ petition seeking the registration of an FIR against spiritual leader Rambhadracharya over his alleged objectionable remarks about the Upadhyay community and revered religious personalities, including the Shankaracharyas.
However, he was granted liberty to avail an appropriate remedy under law. However, no FIR had been registered till date. A two-judge bench comprising Justices Chandra Dhari Singh and Tarun Saxena observed that a person aggrieved by the non-registration of an FIR must ordinarily first exhaust the statutory remedies available under the Bharatiya Nagarik Suraksha Sanhita prior to invoking the high court’s extraordinary jurisdiction under Article 226. In its order dated September 1, the court dismissed the writ petition filed by Ramesh Upadhyay of Varanasi. The petitioner apprised the court that he had submitted a complaint to the Commissioner of Police, Varanasi, on October 8, 2025, seeking the registration of an FIR against the spiritual leader under appropriate penal provisions. The State opposed the petition contending that the petitioner had not approached the concerned police station and had directly approached the high court without first availing the remedy under Section 175 BNSS before the magistrate.
“This Court is of the considered view that if a person has a grievance that his FIR has not been registered by the police, or that having been registered, a proper investigation is not being done, then the remedy of the aggrieved person is not to approach the High Court under Article 226 of the Constitution, but to approach the Magistrate concerned under Section 175 BNSS,” the court said.
