Allahabad High Court
ASHRAF KHAN CHAUDHARY AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court ordered that the petitioners shall not be arrested in pursuance of the FIR until the police submit a charge‑sheet under Section 193 of the Bhartiya Nyaya Sanhita.
Summary
Petitioners Ashraf Khan Chaudhary and two others filed a criminal miscellaneous writ petition challenging an FIR dated 17 July 2026, registered under Sections 318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023, at Mirzapur Police Station, Saharanpur. They contended that the FIR does not disclose any criminal offence and that the matter is purely civil. The State opposed the petition. The Court, without delving into the merits, directed that the petitioners shall not be arrested in connection with the FIR until the police file a charge‑sheet under Section 193 of the Bhartiya Nyaya Sanhita. The writ petition was consequently disposed.
Issues considered
- Whether the FIR under Sections 318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita discloses a cognizable offence.
- Whether the petitioners can be arrested before the submission of a charge‑sheet under Section 193 of the Bhartiya Nyaya Sanhita.
- Whether the writ petition challenging the FIR should be entertained on the ground that the dispute is civil in nature.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 193, 318(4), 336(3), 338, 340(2)
Subjects
- FIR
- Arrest
- Criminal Procedure
- Bhartiya Nyaya Sanhita
- Section 193
- Writ Petition
- Civil Dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21495 of 2026
Ashraf Khan Chaudhary And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Tripathi, Syed Imran Ibrahim
Counsel for Respondent(s) : Ambreen Masroor, G.A., Sadrul Islam Jafri
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the petitioners and learned AGA for the State-
respondent nos. 1, 2 & 3.
2. The present writ petition has been filed challenging the FIR dated
17.07.2026, arising out of Case Crime No. 0200/2026, under Sections
318(4), 338, 336(3), 340(2) of BNS, Police Station- Mirzapur, District-
Saharanpur.
3. It has been argued by the learned counsel for the petitioners that from the
recitals in the First Information Report itself, no offence is made out against
the petitioner. The dispute is civil in nature.
4. Learned AGA has opposed the present petition.
5. In view of the order proposed to be passed, it would serve no useful
purpose by calling for a counter affidavit.
6. Accordingly, without entering into the merits of the case and after
considering the arguments of the counsel for the petitioners, the writ petition
is disposed of with a direction that the petitioners shall not be arrested in
pursuance of the First Information Report dated 17.07.2026, arising out of
Case Crime No. 0200/2026, under Sections 318(4), 338, 336(3), 340(2) of
BNS, Police Station- Mirzapur, District- Saharanpur, till submission of the
police report/charge-sheet under Section 193 of Bhartiya Nyaya Sanhita,
2023.
September 23, 2026
Rama Kant
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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