The FIR against a student leader was stayed on August 11, 2026 and a chargesheet was forwarded on September 21; the Allahabad High Court has now asked the Station House Officer to explain, on affidavit, a chargesheet filed despite stay on FIR.
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Lucknow: Asking how the investigation was conducted and a chargesheet forwarded after the FIR against student leader Ashutosh Kumar Pandey had been stayed, the Allahabad High Court (Lucknow Bench) has directed the Station House Officer of Hussainganj Police Station, Lucknow, to answer by a personal affidavit. The FIR concerns a Facebook post about the State Sub-Inspector Recruitment Examination, 2025 [Ashutosh Kumar Pandey v. State of U.P. through Principal Secretary Home and Others].
A Bench of Justice Rajnish Kumar and Justice Babita Rani passed the order on September 30, 2026 after the Additional Government Advocate told the Court that a chargesheet had been forwarded on September 21, 2026.
An affidavit within two weeks
The State’s counsel, on instructions, submitted that the investigation was completed and the chargesheet forwarded on September 21, 2026, after the stay order. The Bench then directed as follows.
In view of above, respondent no. 3, S.H.O., Police Station-Hussainganj, District Lucknow is directed to explain as to how the investigation was conducted and charge sheet has been forwarded in the matter by filing a personal affidavit.
As prayed by the Additional Government Advocate, two weeks’ time was granted to file the SHO’s personal affidavit. The counter affidavit filed by the State was taken on record. The matter is listed on October 22, 2026.
The FIR in question
The FIR (Case Crime No. 0067 of 2026) was registered at Police Station Hussainganj, Lucknow, under Sections 221, 292 and 353(1)(b) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act, 2008. It alleges that the petitioner circulated a post on Facebook on May 9, 2026 regarding alleged irregularities in the recruitment examination, whose select list was issued on May 7, 2026. The FIR was lodged by an Inspector, impleaded as respondent no. 4. The allegations in the FIR are untested, and this report expresses no view on the merits. The petitioner is presumed innocent.
What the stay order said
By an order of August 11, 2026, a Bench stayed the FIR on the petitioner’s plea for quashing. The petitioner had argued that none of the offences were attracted, that the exception to Section 353 protects a person who has reasonable grounds to believe a statement is true, and that the authorities should have investigated his allegation rather than lodge a case, which he described as “killing the messenger”. Those are the petitioner’s contentions as recorded in that order.
Considering the aforesaid prima facie a case for interference is made out. As such until further orders, the impugned FIR shall remain stayed. Further, no coercive action shall be taken against the petitioner in pursuance to the impugned FIR.
What the order puts on notice
The order puts the police on notice that proceeding to chargesheet while an FIR stands stayed needs an explanation on affidavit. It leaves open how the Court will treat the chargesheet once the SHO responds.
The petition for quashing of the FIR remains pending. The Court has not examined the correctness of the allegations in the FIR or in the petitioner’s post.
Case Title: Ashutosh Kumar Pandey v. State of U.P. through Principal Secretary Home, Civil Secretariat, Lucknow, and Others [Criminal Misc. Writ Petition No. 7968 of 2026]
Bench: Justice Rajnish Kumar and Justice Babita Rani, Allahabad High Court, Lucknow Bench
Date of Order: September 30, 2026
Appearances: Mr. Utkarsh Misra, Mr. Abhishek and Mr. Jai Shukla for the petitioner; the Government Advocate for the State