Allahabad High Court Orders FIR Against LoP Rahul Gandhi Over Alleged British Citizenship

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Sajjad Husain

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17/04/2026
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Allahabad High Court Orders FIR Against LoP Rahul Gandhi Over Alleged British Citizenship
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The Allahabad High Court has directed the registration of a First Information Report (FIR) against Leader of Opposition Rahul Gandhi in connection with allegations that he holds British citizenship.

The order was passed by a bench of Justice Subhash Vidyarthi while allowing a plea challenging an earlier decision of a trial court which had refused to direct registration of an FIR.

The petition was filed by a complainant alleging that Rahul Gandhi had declared himself a British national in documents submitted to a company incorporated in the United Kingdom. It was argued that such a declaration, if proven, may constitute violations under various laws including provisions of the Passport Act, Foreigners Act, and other penal statutes.

The High Court, after considering the material placed on record, observed that a prima facie case was made out warranting investigation. Accordingly, it directed the concerned authorities in Uttar Pradesh to register an FIR and proceed with the investigation in accordance with law.

The Court also clarified that, if required, the investigation may be transferred to an appropriate central agency depending on the nature and gravity of the allegations.

Earlier, a Special MP/MLA Court at Lucknow had rejected the application seeking registration of an FIR on grounds including lack of jurisdiction. The said order was subsequently challenged before the High Court.

With this ruling, the High Court has effectively revived the complaint by directing a formal criminal investigation into the allegations.

Further developments in the matter are awaited, including the detailed order of the Court and responses from the concerned parties.

High Court Lucknow case detail DF-PH NA528/673/2026 S. VIGNESH SHISHIR Vs SRI RAHUL GANDHI AND 3 OTHERS IN PERSON A.S.G.I. G.A. Court No. 14 Serial No. 3107 listed on 17.04.2026

https://hclko.allahabadhighcourt.in/clist/17042026_3059_1012.pdf

Developing Story Timeline

18/04/2026

ЁЯУМ Key Issue

Whether an application under Section 528 BNSS (challenging rejection of FIR registration under Sections 173(4) / 175(3) BNSS, similar to Section 156(3) CrPC) can be decided without issuing notice to the proposed accused.

ЁЯз╛ CourtтАЩs Observations

  1. Initially, all parties argued that:
  2. No notice is required to the proposed accused at this stage.
  3. However, the Court referred to the Full Bench judgment in:
  4. Jagannath Verma v. State of U.P.
  5. The Full Bench held:
  6. An order rejecting an application for FIR registration is not interlocutory.
  7. Such an order can be challenged via criminal revision under Section 397 CrPC.
  8. In revision proceedings, the proposed accused has a right to be heard.

тЪЦя╕П Legal Finding

The Court observed that:

Proceedings under Section 528 BNSS (similar to revision) should not be decided without giving an opportunity of hearing to the proposed accused.

ЁЯУЕ Order Passed

  1. The Court did not decide the matter finally.
  2. It directed that:
  3. The case be listed again for hearing.
  4. Parties will address the Court on the issue of notice to the accused.

ЁЯУН Next Date: 20 April 2026

ЁЯОп Key Takeaway

ЁЯСЙ Even at the stage of challenging refusal to register an FIR,

principles of natural justice apply, and the proposed accused may have a right to be heard before the Court passes an order.


Down load judgement from Official Website of High Court Lucknow

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=13295988

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