Allahabad High Court
MAHENDRA CHAUDHARYversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the petitioner shall not be arrested until the police submit a report under Section 173(2) Cr.P.C./193(3) B.N.S.S., subject to his cooperation in the investigation.
Summary
The petitioner, Mahendra Chaudhary, filed a writ petition challenging an FIR dated 27 July 2026 that alleged offences under Sections 69, 77 and 351(3) of the B.N.S. Act. The petitioner contended that the allegations were false, the alleged relationship with the informant was consensual, and the FIR was filed to harass him. The respondents opposed the petition. The Court, considering the circumstances, directed that the petitioner shall not be arrested in connection with the FIR until a police report under Section 173(2) of the Criminal Procedure Code/Section 193(3) of the B.N.S.S. is submitted, provided the petitioner cooperates with the investigation. The petition was consequently disposed of with this direction.
Issues considered
- Whether the petitioner can be arrested pending the submission of a police report under Section 173(2) Cr.P.C./193(3) B.N.S.S.
- Whether the FIR under Sections 69, 77 and 351(3) B.N.S. is false and filed to harass the petitioner
Legislation cited
- B.N.S. Act — s. 193(3), 351(3), 69, 77
- Code of Criminal Procedure, 1973 — s. 173(2)
Subjects
- FIR
- arrest
- investigation
- Criminal Procedure Code
- Section 173(2)
- B.N.S. Act
- harassment
- consensual relationship
- preventive bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20261 of 2026
Mahendra Chaudhary
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gopal Das Srivastava
Counsel for Respondent(s) : G.A., Shashi Dhar Shukla
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 27.07.2026 registering Case Crime No. 0232 of 2026, under
Sections 69, 77 and 351(3) B.N.S., Police Station-Rudhauli, District-Basti.
It has been argued by the counsel for the petitioner that the allegations made
in the first information report are false and the recitals in the first information
report itself reveal that the alleged relationship between the petitioner and the
first informant was consensual and the first information report has been lodged
only to harass the petitioner.
The A.G.A. representing the respondent Nos. 1 and 2 and Shri Shashi Dhar
Shukla, Advocate, representing the respondent No. 3 have opposed the
writ petition.
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 27.07.2026
registering Case Crime No. 0232 of 2026, under Sections 69, 77 and 351(3)
B.N.S., Police Station-Rudhauli, District-Basti 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.
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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