The Lucknow Bench of the Allahabad High Court has deferred its judgment in a case seeking registration of an FIR against Leader of Opposition Rahul Gandhi over allegations that he holds British citizenship.
Justice Subhash Vidyarthi had on April 17, 2026 heard Application U/S 528 BNSS No. 673 of 2026, filed by S. Vignesh Shishir, a Karnataka-based litigant appearing in person. After hearing all parties, the Court had dictated a judgment in open court. However, before the judgment could be typed and signed, the Court came across a Full Bench ruling of the Allahabad High Court in Jagannath Verma and others v. State of U.P. and others (2014 SCC OnLine Alld 11859).
The Full Bench had held in that case that an order of a Magistrate rejecting an application under Section 156(3) CrPC for registration of a case and police investigation is not an interlocutory order, and is amenable to criminal revision under Section 397. It had further held that in such revision proceedings, the person suspected of having committed the offence is entitled to be heard before a decision is taken.
In view of this, the Court noted that the application under Section 528 BNSS ought not to be decided without first issuing notice to the proposed accused — Rahul Gandhi, who is opposite party No. 1 in the matter.
During the hearing, the Court had specifically asked all parties — including the petitioner, the Government Advocate, the Additional Government Advocates, and the Central Government Counsel — whether notice was required to be issued to the proposed accused. All parties had submitted that no such notice was necessary at the stage of deciding an application under Section 173(4) read with Section 175(3) BNSS, or a challenge to its rejection under Section 528 BNSS.
The Court has now stated that parties need to be given an opportunity to address it on this aspect, and has listed the matter for further hearing on April 20, 2026. No formal notice has been issued to Gandhi as yet.
Background
Shishir had filed a complaint alleging that Gandhi, while serving as Director of UK-based company Backops Ltd, had declared his nationality as British in the company’s records. He sought registration of a criminal case under provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Passport Act, and the Foreigners Act. After the police declined to register a case, Shishir moved the trial court, which rejected his application. He then approached the High Court under Section 528 BNSS.
Case: S. Vignesh Shishir v. Sri Rahul Gandhi & 3 Others
Application U/S 528 BNSS No. 673 of 2026
Allahabad High Court, Lucknow Bench
Justice Subhash Vidyarthi
Order dated: April 17, 2026
Next date: April 20, 2026
