Court Grants Interim Relief to Petitioner, Demands Explanation from Senior Superintendent of Police
In a significant judgment delivered by the Allahabad High Court, the bench comprising Justices Abdul Moin and Babita Rani raised serious concerns over the drafting of First Information Reports (FIRs) by police personnel, suggesting they were influenced by movie scripts. The court observed that the FIRs lacked originality and were not substantiated by the prima facie evidence required to constitute the alleged offenses.
The case in question, Aleem v. State of U.P., involved a writ petition challenging the FIR registered against the petitioner, Aleem. The FIR, dated January 21, 2026, was lodged under Sections 109(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 3 and 25 of the Arms Act, 1959, and Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955. The allegations included cow smuggling and an attempted cow slaughter incident in Hardoi district.
The court noted the repetitive and dramatic language used in the FIR, akin to a scripted movie scene, which included sensational dialogues and improbable action sequences such as a narrow escape from gunfire and a dramatic chase. The judgment highlighted the absence of substantive evidence to support the charges under the cited legal provisions.
Furthermore, the court questioned the procedure followed post-recovery of the cow progeny involved in the alleged incident. The court found it irregular that the recovered animals were handed over to a private individual without a proper recovery memo, raising doubts about the legal validity of such actions.
In its judgment, the court directed the Senior Superintendent of Police (SSP), Hardoi, to submit a personal affidavit within three weeks, explaining the discrepancies and procedural anomalies identified in the FIR and the handling of the recovered cow progeny. The court emphasized the need for clarity on whether the FIR was crafted with a preconceived script or if there were serious lapses in police procedures.
The court granted interim relief to the petitioner, restraining any coercive action against him until the next hearing scheduled for March 20, 2026, alongside a related case, Akbar Ali v. State of U.P. The bench warned that failure to file the required affidavit would necessitate the personal appearance of the Superintendent of Police in court to provide further assistance.
The judgment underscores the judiciary's vigilance in ensuring that law enforcement agencies adhere to proper legal procedures and uphold the integrity of the justice system by not resorting to sensationalism or fabricated narratives in FIRs.
Bottom Line:
FIR lodged with allegations influenced from movie scripts - Allegations in FIR do not prima facie make out offences under Sections 109(1) of Bharatiya Nyaya Sanhita, 2023, sections 3, 25 of Arms Act, 1959, and Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 109(1), Arms Act, 1959 Sections 3, 25, U.P. Prevention of Cow Slaughter Act, 1955 Sections 3, 5, 8
Aleem v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2857792
