Allahabad High Court
KAMRAN ALI ALIAS SYED KAMRAN ALIversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The petition is disposed with a direction that the petitioner shall not be arrested until a police report or charge‑sheet under Section 193 of the BNS is filed.
Summary
The petitioner, Kamran Ali, filed a criminal miscellaneous writ petition challenging an FIR dated 16 July 2026 under Section 316(5) of the Bhartiya Nyaya Sanhita (BNS) registered at Police Station Fareedpur, Bareilly. He contended that he was not responsible for the loss of certain records and sought relief from arrest. The State opposed the petition. The Court, without delving into the merits, disposed of the petition and directed that the petitioner not be arrested in connection with the FIR until the police submit a report or charge‑sheet under Section 193 of the BNS. The order was issued by a two‑judge bench of the Allahabad High Court on 23 September 2026.
Issues considered
- Whether the petitioner can be arrested under the FIR pending the filing of a charge‑sheet under Section 193 of the Bhartiya Nyaya Sanhita.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 193, 316(5)
Subjects
- criminal procedure
- interim relief
- arrest
- FIR
- charge-sheet
- Section 316
- Section 193
- Bhartiya Nyaya Sanhita
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21571 of 2026
Kamran Ali Alias Syed Kamran Ali
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Sisodia
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the petitioner and learned AGA for the State-
respondent nos. 1 & 2.
2. The present writ petition has been filed challenging the FIR dated
16.07.2026 arising out of Case Crime No. 0517/2026, under Section
316(5) of BNS, Police Station- Fareedpur, District- Bareilly.
3. It has been argued by the learned counsel for the petitioner that the
petitioner is not responsible for the loss of the concerned records and an
appropriate application has been submitted by him.
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 keeping this writ petition pending and 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 petitioner, the writ
petition is disposed of with a direction that the petitioner shall not be
arrested in pursuance of the First Information Report dated 16.07.2026
arising out of Case Crime No. 0517/2026, under Section 316(5) of BNS,
Police Station- Fareedpur, District- Bareilly, till submission of the police
report/charge-sheet under Section 193 of Bhartiya Nyaya Sanhita, 2023.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 23, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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