Court Allows Investigation to Continue but Restrains Police from Submitting Report Until Petition is Decided
The Allahabad High Court, in a significant ruling on April 1, 2026, granted interim protection from arrest to Anil Kumar Gautam and others, who have been implicated in a case under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court, while hearing the Criminal Miscellaneous Writ Petition No. 5104 of 2026, decided that the investigation could proceed but instructed the Investigating Officer not to submit the police report before the jurisdictional magistrate until the writ petition is adjudicated.
Presiding over the bench, Justices Rajeev Misra and Satya Veer Singh deliberated on the petition challenging the FIR lodged on February 2, 2026, by Sub Inspector Anurag Pandey. The FIR, registered as Case Crime No. 64 of 2026 at Police Station-Kotwali Nagar, District-Banda, accuses the petitioners under Section 260(C) of the BNSS.
Counsel for the petitioners, Mr. Ashutosh Kumar Sand, argued that the FIR was not only illegal but malicious, asserting that the criminal prosecution could not be justified based on the facts presented. The counsel highlighted procedural lapses, including the release of an accused without proper custody orders and the subsequent issuance of a custody warrant after bail had been granted.
The State's counsel, representing the respondents, countered that the FIR disclosed a cognizable offence, warranting no interference at this stage. Despite the opposition, the Court found merit in the petitioners' submissions, necessitating a detailed examination of the case.
The Court's interim order ensures that the petitioners will not face arrest in connection with the FIR while emphasizing the continuation of the investigation. The Court also referenced the Supreme Court's decision in Pradanya Pranjal Kulkarni v. State of Maharashtra, underscoring the judicial precedent in such matters.
The case is set for further hearing on May 27, 2026, providing the respondents with six weeks to file counter affidavits, followed by two weeks for the petitioners to file rejoinders. The order reflects a balance between safeguarding individual liberty and permitting law enforcement to carry out their duties pending a final decision.
Bottom Line:
FIR quashing - Interim protection from arrest granted to petitioner while allowing investigation to proceed - Investigating Officer directed not to submit the police report until the writ petition is decided.
Statutory provision(s): Section 260(C) BNS, Section 430 BNSS, Section 193(3) BNSS
Anil Kumar Gautam v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2879455
