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Allahabad High Court

SAJJAD HUSSAIN AND 12 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petitioners shall not be arrested pending the submission of the police report, and disposed of the writ petition.

Summary

Petitioners filed a criminal miscellaneous writ petition challenging an FIR dated 24‑07‑2026 that alleged offences under multiple sections of the Uttar Pradesh B.N.S. They contended that the dispute was civil in nature and that no offence was made out, seeking quash of the FIR. The respondents opposed the petition. The High Court, noting the need to prevent unnecessary arrest pending investigation, directed that the petitioners shall not be arrested under the FIR until the police submit a report under Section 173(2) of the Criminal Procedure Code (or Section 193(3) of the B.N.S.) provided they cooperate with the investigation. The writ petition was thereafter disposed of.

Issues considered

  • Whether the FIR registered under the listed B.N.S. sections is maintainable or liable to be quashed on the ground that the dispute is civil.
  • Whether the petitioners can be arrested before the submission of the police investigation report under Section 173(2) Cr.P.C.
  • Whether the writ petition is maintainable for relief against the FIR.

Legislation cited

  • B.N.S. — s. 115(2), 193(3), 308(5), 318(4), 336(3), 338, 340(1), 340(2), 3(5), 351(3), 352
  • Cr.P.C. — s. 173(2)

Subjects

  • writ petition
  • FIR quash
  • civil dispute
  • arrest
  • police report
  • Section 173 CrPC
  • B.N.S.
  • preliminary relief

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 20247 of 2026

                                    Sajjad Hussain And 12 Others
                                                                                                             .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 3 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)              :    Vipin Gangwar
                                    Counsel for Respondent(s)              :    Amit Kumar Verma, G.A., Harish Chandra

                                    Court No. - 45
                                                         HON'BLE SALIL KUMAR RAI, J.
                                                         HON'BLE PADAM NARAIN MISHRA, J.

                                    Short counter affidavit filed on behalf of respondent No. 4 is taken on record.


                                    The present writ petition has been filed challenging the first information report dated
                                    24.07.2026 registering Case Crime No. 0685 of 2026, under Sections 352, 115(2),
                                    318(4), 351(3), 3(5), 338, 340(1), 340(2), 308(5) and 336(3) B.N.S., Police Station-
                                    Izzatnagar, District-Bareilly.


                                    It has been argued by the counsel for the petitioners that the dispute as raised in the
                                    writ petition is civil in nature and the first informant has the remedy before the civil
                                    court. It was further argued that no offence is made out against the petitioners on the
                                    recitals made in the first information report, therefore, the first information report is
                                    liable to be quashed.


                                    The A.G.A. representing the respondent Nos. 1 and 2 and Sri Amit Kumar Verma,
                                    Advocate, representing respondent No. 4 have opposed the writ petition.


                                    It would serve no purpose to keep the petition pending and issue notice to respondent
                                    No. 3.


                                    In the circumstances, we consider it appropriate and in the interest of justice to dispose
                                    of the writ petition with the direction that the petitioners shall not be arrested in
                                    pursuance to the first information report dated 24.07.2026 registering Case Crime No.
                                    0685 of 2026, under Sections 352, 115(2), 318(4), 351(3), 3(5), 338, 340(1), 340(2),
                                    308(5) and 336(3) B.N.S., Police Station-Izzatnagar, District-Bareilly till submission
                                    of police report under Section 173(2) Cr.P.C./193(3) B.N.S.S. provided the petitioners
                                    cooperate in the investigation.


                                    With the aforesaid direction, the writ petition is disposed of.

                                    September 18, 2026
                                    Anurag/-
                                                                        (Padam Narain Mishra,J.) (Salil Kumar Rai,J.)




Digitally signed by :-
ANURAG KUMAR VERMA
High Court of Judicature at Allahabad


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