Vansh Katariya vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Vansh Katariya vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim direction that the petitioner shall not be arrested pursuant to the impugned FIR till the next date of listing or submission of the police report under Section 193(3) B.N.S.S., whichever is earlier, provided he cooperates in the investigation; notice ordered to respondent no. 3 and timetable fixed for counter and rejoinder affidavits.

Issue for consideration

Whether the First Information Report dated 22.07.2025 (Case Crime No. 226 of 2025, Section 109(1) B.N.S. 2023, P.S. Kutubsher, District Saharanpur) should be quashed. +1 more

Ratio / Principle

Interim protection from arrest granted: the petitioner shall not be arrested in pursuance of the impugned FIR till the next date of listing or till submission of the police report under Section 193(3) B.N.S.S., whichever is earlier, provided the petitioner cooperates in the investigation.

Key takeaways

Notice ordered to be issued to respondent no. 3, returnable at an early date, with steps to be taken within one week.ratio¶17
Respondents granted three weeks to file counter affidavit and petitioner two weeks thereafter to file rejoinder affidavit; matter to be listed immediately thereafter.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Madan Pal Singh, JJ.), by interim order of August 25, 2025 in Criminal Misc. Writ Petition No. 16790 of 2025 (Vansh Katariya v. State of U.P. and 2 others): petitioner sought quashing of the FIR dated 22.07.2025 registered as Case Crime No. 226 of 2025 under Section 109(1) of B.N.S., 2023, Police Station Kutubsher, District Saharanpur, and a direction that he not be arrested pursuant to it; his counsel contended the case was of absolutely no injury, while the learned AGA opposed the petition but could not dispute the facts. The court issued notice to respondent no. 3 (steps within one week), allowed the respondents three weeks for counter affidavit and the petitioner two weeks thereafter for rejoinder affidavit, to be listed immediately thereafter, and directed that till the next date of listing or till submission of the police report under Section 193(3) B.N.S.S., whichever is earlier, the petitioner shall not be arrested in pursuance of the FIR, provided he cooperates in the investigation.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 16790 of 2025

Vansh Katariya

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Bhaiya Lal Yadav
Counsel for Respondent(s)	: G.A.

Court No. - 43

HON'BLE SIDDHARTHA VARMA, J. HON'BLE MADAN PAL SINGH, J.

Heard learned counsel for the petitioner and learned AGA for the State and perused the record.

The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 22.07.2025, registered as Case Crime No. 226 of 2025, under Section 109(1) of B.N.S., 2023 , Police Station- Kutubsher, District- Saharanpur, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

Contention of learned counsel for the petitioner is that the case is of absolutely no injury.

Per contra, learned AGA has opposed the petition but could not dispute the aforesaid facts.

5. Matter requires consideration.

Learned AGA has accepted the notice on behalf of respondent no. 1 and 2.

Issue notice to the respondent no.3 returnable at an early date. Steps be taken within one week.

CRLP No. 16790 of 2025

2

All the respondents are granted three weeks time to file counter affidavit. The petitioner shall have two weeks thereafter to file rejoinder affidavit.

9. List immediately thereafter.

Till the next date of listing or till submission of police report under Section 193(3) B.N.S.S., whichever is earlier, the petitioner herein shall not be arrested in pursuance of the impugned First Information Report dated 22.07.2025, registered as Case Crime No. 226 of 2025, under Section 109(1) of B.N.S., 2023 , Police Station- Kutubsher, DistrictSaharanpur, provided the petitioner cooperate in the investigation.

August 25, 2025

Akbar

(Madan Pal Singh,J.) (Siddhartha Varma,J.)

Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad