GYANMATI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD

        CRIMINAL MISC. WRIT PETITION No. - 10459 of 2026

Gyanmati And Another
                                                                    .....Petitioner(s)
                                      Versus
State Of U.P. And 3 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                        :    Atul Kumar Pandey
Counsel for Respondent(s)                        :    G.A.

Court No. - 49
                 HON'BLE RAJEEV MISRA, J.
                 HON'BLE PADAM NARAIN MISHRA, J.

Heard Mr. Atul Kumar Pandey, the learned counsel for petitioner and the
learned A.G.A. for State/respondents-1,2,3.

Perused the record.

Petitioner- Gyanmati And Another have approached this Court by means of
present Criminal Misc. Writ Petition with the following prayer:

"issue, a writ, order or direction in the nature of mandamus directing the
respondent no.2 and their subordinate officials not to harass and humiliate the
petitioners in any manner and to ensure that the fundamental rights of the
petitioners guaranteed under Article 21 of the Constitution of India are duly
protected.

ii. Issue a writ, order or direction directing the State Government and senior police
authorities to take strict departmental action against the erring police officials
involved in the illegal harassment, abuse, threats to the petitioners.

iii. To issue any other order of direction which the Hon'ble Court may deem fit and
proper in the circumstances of the case."

It transpires from record that on 20.1.2026, an incident took place in which
Harishchandra son of petitioner-1 enticed away the daughter of first informant.
Consequently, an F.I.R. dated 27.1.2026 came to be lodged by Rahul Diwakar, father
of the prosecutrix and same was registered as Case Crime No. 005 of 2026, under
section 137(2) BNS, Police Station- Sonauli, District- Maharajganj. In the aforesaid
F.I.R., Harischandra along has been nominated as named accused.

On account of above, police is investigating the aforesaid case crime
                                                                                               CRLP No. 10459 of 2026
                                                                      2


                                    number. Even though petitioners are not named in the F.I.R. yet they are
                                    being harassed by the Police authorities pursuant to aforesaid F.I.R. It is thus
                                    contended by the learned counsel for petitioners that since petitioners are not
                                    named in the F.I.R., therefore, police authorities have no right to call the
                                    petitioners time and again in the garb of investigation. It is thus urged by the
                                    leanred counsel for petitioners that liberty of petitioners is liable to be
                                    protected by this Court.

                                    Per contra, the learned A.G.A. representing State/respondents-1 and 2 has
                                    vehemently opposed the present writ petition. Learned A.G.A. submits that
                                    as per the material on record i.e. the case diary of concerned case crime
                                    number, no harassment was caused by the concerned Police as per the
                                    inquiry report dated 12.4.2026. However, nothing adverse was discovered
                                    against Police officials either. It is thus urged by the learned A.G.A. that no
                                    cause of action survives with the petitioners to maintain the present writ
                                    petition. However, the learned A.G.A. could not dislodge the factual and
                                    legal submissions urged by the learned counsel for petitioner in support of
                                    present writ petition as noted herein above with reference to the record at
                                    this stage.

                                    Be that as it may, having heard the learned counsel for petitioners, the
                                    learned A.G.A. for State/respondents- 1, 2 and 3, and upon persual of record,
                                    we find that it is well settled that in case any investigation or interrogation is
                                    required from a prospective accused or person, a notice under section 35
                                    BNS shall be issued to prospective accused by the police. Therefore, we
                                    provide that the the petitioners shall be interrogated or called by the polcie
                                    only after issuing a notice as per section 35 BNSS and not otherwise.

                                    With the aforesaid direction, this writ petitions shall stand finally disposed
                                    of.
                                    May 14, 2026
                                    Arshad

                                                                 (Padam Narain Mishra,J.) (Rajeev Misra,J.)




Digitally signed by :-
ARSHAD MAHMOOD
High Court of Judicature at Allahabad