Disposed¶20

Akhilesh Chaudhary and 2 Others v. State of U.P. and 3 Others

Allahabad HC17 Dec 2025CRLP/27257/2025

Case brief

AI extract

What is this about?

Interim no-arrest protection in writ petition seeking quashing of FIR under section 69 Bharatiya Nyaya Sanhita, 2023 (Case Crime No.295 of 2025, Police Station Rudhauli, District Basti); notice to respondent no.4/informant; counter affidavits within three weeks; protection conditional on cooperation in investigation; Allahabad High Court, Criminal Misc. Writ Petition No. 27257 of 2025, decided December 17, 2025.

What did the court decide?

Interim protection from arrest: petitioners not to be arrested till the next date of listing or till submission of police report, whichever is earlier, subject to cooperation in investigation; notice issued to respondent no.4 by registered post; counter affidavits within three weeks and rejoinder within two weeks thereafter; petition pending further consideration. ¶20

Akhilesh Chaudhary and 2 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the FIR dated 8.11.2025 (Case Crime No.295 of 2025) under section 69 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rudhauli, District Basti, should be quashed and the petitioners protected from arrest in pursuance thereof.

¶11

Court's answer

As an interim measure, till the next date of listing or till the submission of police report, whichever is earlier, the petitioners shall not be arrested, subject to their cooperation in the investigation; in the event of non-cooperation, the police would be at liberty to approach the Court.

¶20

Ratio / Principle

Notice to be issued to respondent no.4 by registered post, steps to be taken within ten days.

¶15

Key takeaways

Respondents to file counter affidavits within three weeks; rejoinder affidavit, if any, within two weeks thereafter; petition to be listed on the date fixed in the notice.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Achal Sachdev, JJ.; December 17, 2025) in Criminal Misc. Writ Petition No. 27257 of 2025, Akhilesh Chaudhary and 2 Others v. State of U.P. and 3 Others: Writ petition filed for quashing of FIR dated 8.11.2025 (Case Crime No.295 of 2025) under section 69 of the Bharatiya Nyaya Sanhita, 2023, Police Station Rudhauli, District Basti, and for protection from arrest. Petitioners contended the incidents narrated in the FIR appeared normal until the relationship between petitioner no.1 and the first informant soured; learned AGA informed the Court that the first informant refused medical examination. Court held the matter required consideration, issued notice to respondent no.4 by registered post (steps within ten days), directed respondents to file counter affidavits within three weeks and rejoinder within two weeks thereafter, and granted interim protection: petitioners not to be arrested till the next date of listing or till submission of police report, whichever is earlier, subject to cooperation in investigation, with liberty to the police to approach the Court upon non-cooperation.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 27257 of 2025

¶2

Akhilesh Chaudhary And 2 Others

¶3

.....Petitioner(s)

¶4

Versus

¶5

State Of U.P. And 3 Others

¶6

.....Respondent(s)

¶7

Counsel for Petitioner(s)	: Raman Pandey
Counsel for Respondent(s)	: G.A.

¶8

Court No. - 42

¶9

HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J.

¶10

Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.

¶11

This writ petition has been filed for quashing of the First Information Report dated 8.11.2025 giving rise to Case Crime No.295 of 2025 under section 69 of Bharatiya Nyaya Sanhita, 2023, Police Station Rudhauli, District Basti. The petitioners have also prayed that they be not arrested in pursuance of the impugned FIR.

¶12

Contention of learned counsel for the petitioners is that if the sequence of events as have been narrated in the FIR is seen then the incidents looked perfectly normal and only when, for some reasons, the relationship between the petitioner no.1 and the first informant went sour, the instant FIR was lodged.

¶13

Learned AGA also informs the Court that the first informant has refused to get herself medically examined.

¶14

Matter requires consideration.

¶15

Learned AGA appears for respondent nos.1, 2 and 3. Issue notice to respondent no.4 by registered post. Steps may be taken within ten days.

¶16

Respondents may file their counter affidavits within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

¶17

CRLP No. 27257 of 2025

¶18

¶19

List this petition on the date fixed in the notice.

¶20

Till the next date of listing or till the submission of police report, whichever is earlier, the petitioners shall not be arrested subject to their cooperation in the investigation. In the event, the petitioners do not cooperate in the investigation, the police would be at liberty to approach this Court.

¶21

(Achal Sachdev,J.) (Siddhartha Varma,J.)

¶22

December 17, 2025

¶23

¶24

Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad

Akhilesh Chaudhary and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Akhilesh Chaudhary and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Yash Enterprises and Another vs State of U.P. and 3 Others

Bijendra Pratap Tiwari Vijayanand vs State of U.P. and 4 Others

Bijendra Pratap Tiwari Vijayanand vs State of U.P. and 4 Others

Anil Kumar Upadhyay and Another vs State of U.P. and 2 Others

Pappu Gautam @ Pankaj Kumar and 6 Others vs State of Up and 2 Others

Narendra Singh and 3 Other vs the State of U.P. and 6 Other