Allahabad High Court
AHMAD MIYAN AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The police are restrained from arresting or harassing the petitioners and must comply with the interim stay of arrest.
Summary
The petitioners, Ahmad Miyan and others, filed a criminal miscellaneous writ petition seeking relief from police action. The High Court granted an interim stay of arrest on 07.01.2026 and issued notice to the State and private respondents. Despite the stay, the petitioners reported that police from Wazirganj Police Station continued to harass them. The Court ordered that the police be restrained from any harassment and must strictly comply with the stay of arrest. The Registrar was directed to communicate this order to the Superintendent of Police and the Station House Officer within 24 hours. The matter was adjourned to 16.03.2026 for further orders, and the interim order remains in operation.
Issues considered
- Whether the police can arrest the petitioners despite the interim stay of arrest ordered by the High Court
- Whether the police can continue harassing the petitioners in violation of the stay order
Subjects
- interim stay
- arrest
- police harassment
- writ petition
- high court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 27264 of 2025
Ahmad Miyan and others
.....Petitioner(s)
Versus
State of U.P. and others
.....Respondent(s)
Counsel for Petitioner(s) : Brij Raj Singh, Piyush Chauhan
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE J.J. MUNIR, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
By a detailed and reasoned order dated 07.01.2026, this Court granted
interim stay of arrest, while issuing notice to the State and the private
respondents. No counter affidavit has been filed so far.
Admit.
The respondents shall have two weeks' further time and no more to file a
return.
Adjourned to 16.03.2026.
To be taken up in the cause list of the day for orders, along with a report
regarding status of affidavits.
Until further orders of this Court, the interim order dated 07.01.2026 shall
remain in operation.
At this stage, learned Counsel for the petitioners informs the Court that
notwithstanding the stay of arrest granted by this Court, the Police from
Police Station Wazirganj, Budaun are harassing the petitioners.
The Police are hereby restrained from harassing the petitioners in any
manner, whatsoever and shall strictly comply with the order of stay of arrest.
The Registrar (Compliance) is directed to communicate this order to the
Superintendent of Police, Budaun and the Station House Officer, Police
Station Wazirganj, Budaun, both through the learned Chief Judicial
Magistrate, Budaun within 24 hours next.
February 26, 2026
I. Batabyal
(Vinai Kumar Dwivedi,J.) (J.J. Munir,J.)
Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad
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