Allahabad High Court
RAVI @ RAVIKANT AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court ordered that the petitioners shall not be arrested until the police submit a report under Section 173(2) Cr.P.C./193(3) B.N.S.S., effectively staying arrest but not quashing the FIR.
Summary
Petitioners Ravi @ Ravikant and two others filed a criminal miscellaneous writ petition challenging an FIR dated 16‑07‑2026 that alleged offences under IPC sections 115(2), 352, 353(3), 74, 85, 89 B.N.S. and sections 3/4 of the Dowry Prohibition Act. They contended that the FIR was false, malicious and stemmed from a family dispute, seeking its quash and protection from arrest. The Court examined the FIR, the family‑dispute context and the petitioners' arguments, and concluded that while the FIR was not quashed, the petitioners should not be arrested pending the submission of the police investigation report under Section 173(2) Cr.P.C./193(3) B.N.S.S., provided they cooperate. Accordingly, the writ petition was disposed with the direction not to arrest the petitioners until the report is filed.
Issues considered
- The FIR is alleged to be false and malafide; can it be quashed?
- Whether the petitioners can be arrested under the listed offences pending investigation.
- Whether the writ petition should be dismissed or the petitioners granted relief pending police report.
Legislation cited
- B.N.S. — s. 89
- B.N.S.S. — s. 193(3)
- Code of Criminal Procedure, 1973 — s. 173(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 352, 353(3), 74, 85
Subjects
- FIR
- malafide complaint
- family dispute
- arrest stay
- Criminal Miscellaneous Writ Petition
- Section 173(2) Cr.P.C.
- Dowry Prohibition Act
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20256 of 2026
Ravi @ Ravikant And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Afsana, Mohd Kadim
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
The present writ petition has been filed challenging the first information
report dated 16.07.2026 registering Case Crime No. 0303 of 2026, under
Sections 115(2), 352, 353(3), 74, 85, 89 B.N.S. and Section 3/4 Dowry
Prohibition Act, Police Station-Bilari, District-Moradabad.
It has been argued by the counsel for the petitioners that the allegations made
in the first information report are false and have been made only to coerce the
petitioners into accepting the illegal demands of first informant. It was argued
that the first information report is malafide and is liable to be quashed.
The A.G.A. representing the respondent Nos. 1 to 2 has opposed the
writ petition.
It would serve no purpose to keep the petition pending and issue notice to
respondent No. 3.
After considering the argument of the counsel for the petitioners, the recitals in
the first information report and the fact that the dispute between the parties is
a family dispute, we consider it appropriate and in the interest of justice
to dispose of the writ petition with the direction that the petitioner shall not
be arrested in pursuance to the first information report dated 16.07.2026
registering Case Crime No. 0303 of 2026, under Sections 115(2), 352, 353(3),
74, 85, 89 B.N.S. and Section 3/4 Dowry Prohibition Act, Police Station-Bilari,
District-Moradabad till submission of police report under Section
173(2) Cr.P.C./193(3) B.N.S.S. provided the petitioner cooperate in
CRLP No. 20256 of 2026
2
the investigation.
With the aforesaid direction, the writ petition is disposed of.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 18, 2026
Anurag/-
Digitally signed by :-
ANURAG KUMAR VERMA
High Court of Judicature at Allahabad
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