Allahabad High Court
SHIVAM SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petitioner shall not be arrested in pursuance of the FIR until the police submit the investigation report under Section 173(2) Cr.P.C. / Section 193(3) B.N.S.S., provided he cooperates with the investigation.
Summary
The petitioner, Shivam Singh, filed a criminal miscellaneous writ petition challenging an FIR dated 18 July 2026 that alleged offences under several sections of the B.N.S., 2023 and the Protection of Children From Sexual Offences (POCSO) Act, 2012. The petitioner contended that the FIR was filed maliciously, citing a long delay and the fact that the first informant was his legally wedded wife, with the alleged POCSO offence purportedly occurring in 2018. The High Court examined the claim of mala‑fide registration and the procedural propriety of arrest under the listed statutes. It held that, pending the submission of the police investigation report under Section 173(2) Cr.P.C. / Section 193(3) B.N.S.S., the petitioner should not be arrested, provided he cooperates with the investigation. Accordingly, the writ petition was disposed of with the direction not to arrest the petitioner until the police report is filed.
Issues considered
- Whether the FIR dated 18 July 2026 is mala‑fide and therefore the petitioner is entitled to protection from arrest.
- Whether the High Court can issue a direction restraining arrest pending the filing of the police investigation report under Section 173(2) Cr.P.C. and Section 193(3) B.N.S.S.
Legislation cited
- B.N.S., 2023 — s. 123, 318(4), 336(3), 338, 340(2), 351(3), 352, 65(1)
- B.N.S.S. — s. 193(3)
- Code of Criminal Procedure, 1973 — s. 173(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4(2)
Subjects
- criminal law
- FIR
- arrest
- POCSO Act
- mala fide prosecution
- investigation report
- high court writ petition
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20259 of 2026
Shivam Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sandeep Kumar Dubey
Counsel for Respondent(s) : Abhishek Singh, G.A., Shabista
Parveen, Shailendra Singh
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 18.07.2026 registering Case Crime No. 0390 of 2026, under
Sections 123, 65(1), 352, 351(3), 318(4), 336(3), 338, 340(2) of B.N.S., 2023
and Section 3, 4(2) of Protection of Children From Sexual Offences Act, 2012,
Police Station-Kalyanapur, District-Kanpur Nagar.
It has been argued by the counsel for the petitioner that the first informant is
the legally wedded wife of the petitioner and the marriage was solemnized in
the year 2018 and was also registered. It was argued that even from the
recitals in the first information report the offence under the POCSO Act was
committed in 2018. It was further argued that the delay in registering the first
information report itself indicates that the first information report is malafide
and has been registered only to harass the petitioner.
Notices have already been served on respondent No. 4.
The A.G.A. representing the respondent Nos. 1 and 2 has opposed the
writ petition.
It would serve no purpose to keep the petition pending and issue notice to
respondent No. 3 and 5.
In the circumstances, 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 8.07.2026
registering Case Crime No. 0390 of 2026, under Sections 123, 65(1), 352,
351(3), 318(4), 336(3), 338, 340(2) of B.N.S., 2023 and Section 3, 4(2) of
Protection of Children From Sexual Offences Act, 2012, Police Station-
Kalyanapur, District-Kanpur Nagar till submission of police report under
Section 173(2) Cr.P.C./193(3) B.N.S.S. provided the petitioner cooperate in
the investigation.
CRLP No. 20259 of 2026
2
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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