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The Allahabad High Court has rejected a plea seeking an FIR against Jagadguru Rambhadracharya, saying the petitioner should first use the legal remedies available under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A bench of Justice Chandra Dhari Singh and Justice Tarun Saxena heard the petition filed by Ramesh Upadhyay. He alleged that a social media video carried objectionable comments about the Upadhyay community and religious figures, and said the remarks had hurt the sentiments of community members.
Ramesh Upadhyay had approached the Varanasi Police Commissioner seeking an FIR.
The state, however, told the court that he had neither approached the police station concerned nor a magistrate. It further submitted that the record did not establish that the police had received his complaint.
The High Court referred to Supreme Court rulings and pointed to Section 175(3) of the BNSS.
Under this provision, a complainant can approach a magistrate if the police fail to register an FIR. The magistrate can then order registration and investigation and, where required, supervise the probe.
The court said directly invoking Article 226 would bypass this statutory process and effectively make the High Court the first forum for such a matter.
While dismissing the petition as lacking merit, the bench allowed Upadhyay to seek relief through the remedies provided under law.
The order was passed on September 1, 2026.
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