Allahabad High Court
KAMLESH AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court ordered that the petitioners shall not be arrested in pursuance of the FIR until a police report or charge‑sheet under Section 193 of the Bhartiya Nyaya Sanhita is submitted.
Summary
The petitioners filed a writ petition challenging an FIR dated 08.07.2026 under Sections 137(2) and 87 of the Bhartiya Nyaya Sanhita (BNS) alleging abduction of a minor. The alleged abductee was later recovered and, in a statement under Section 180 BNS, said she had voluntarily left her grandmother's home to meet the accused, though a statement under Section 183 BNS was not yet recorded. The petitioners argued that the FIR was baseless and that the girl was brought back by a relative, seeking quash of the FIR and protection from arrest. The Additional Government Advocate confirmed the recovery and the voluntary nature of the girl's departure. The Court, without delving into the merits, directed that the petitioners shall not be arrested in connection with the FIR until the police submit a report or charge‑sheet under Section 193 BNS, and disposed of the writ petition.
Issues considered
- Whether the FIR under Sections 137(2) and 87 BNS can be quashed on the ground that no abduction occurred.
- Whether the petitioners are liable to arrest pending investigation.
- Whether a police report or charge‑sheet under Section 193 BNS is required before arrest.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 180, 183, 193, 87
Subjects
- abduction
- FIR quash
- Section 137
- Section 87
- Section 193
- preventive direction
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21577 of 2026
Kamlesh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anjani Kumar Singh, Sarveshvar
Nishad
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 petitioners and learned AGA for the
State-respondent nos. 1 & 2.
2. The present writ petition has been filed challenging the FIR dated
08.07.2026, arising out of Case Crime No. 0218/2026, under Sections
137(2), 87 of BNS, Police Station- Karchhana, District- Yamuna Nagar
(Commissionerate Prayagraj).
3. The Additional Government Advocate has obtained instructions and
states that the alleged abductee has been recovered and is, in the custody
of her mother. In her statement recorded under Section 180 BNSS, the
alleged abductee has stated that she had voluntarily left her maternal
grandmother's home and had gone to meet the accused- Sahil. The
statement of the girl has not yet been recorded under Section 183 BNSS.
4. It has been argued by the learned counsel for the petitioners that from
the recitals in the First Information Report itself, it would be evident that
the girl was not abducted by the petitioners and further, the instructions
obtained by the Additional Government Advocate also shows that the girl
was brought back to her maternal grandmother's home by the relative of
the petitioner. In view of aforesaid, no offence has been committed by the
petitioners and the present FIR is liable to be quashed by this Court.
5. In view of the order proposed to be passed, it would serve no useful
purpose by issuing notice to respondent no. 3 and calling for a counter
CRLP No. 21577 of 2026
2
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 08.07.2026,
arising out of Case Crime No. 0218/2026, under Sections 137(2), 87 of
BNS, Police Station- Karchhana, District- Yamuna Nagar
(Commissionerate Prayagraj), 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
Checking your session…