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

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

What the court decided

AI extract

Outcome

Interim protection from arrest: till the next date of listing or till submission of the police report, whichever is earlier, the petitioner shall not be arrested pursuant to the FIR, subject to his cooperation in the investigation, failing which the police may move the Court. Notice ordered to respondent no. 3; respondents to file counter affidavits within three weeks and rejoinder affidavit, if any, within two weeks thereafter; matter to be listed on the date indicated in the notice. Final decision on quashing reserved; matter pending.

Issue for consideration

Whether the First Information Report dated 26.10.2025 (Case Crime No.543 of 2025, Police Station Murad Nagar, District Ghaziabad) should be quashed, given the contention that it was lodged by police personnel, that the petitioner was implicated merely on the mentioning of his name by arrested persons, and that there was no injury on any outsider including the police personnel.

Court's answer

Interim relief granted: till the next date of listing or till submission of the police report, whichever is earlier, the petitioner shall not be arrested pursuant to the impugned FIR, subject to his cooperation in the investigation; in the event of non-cooperation the police will be at liberty to move the Court.

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad (Siddhartha Varma and Achal Sachdev, JJ., Division Bench) dated 04.12.2025 in Criminal Misc. Writ Petition No. 27400 of 2025 (Mehar Alam v. State of U.P. and 2 Others). The petition seeks quashing of the FIR dated 26.10.2025 registered as Case Crime No.543 of 2025 under Section 109(1) of BNS, Section 3/25/27 of Arms Act and Section 11(1)(f) of Prevention of Cruelty to Animal Act 1960 at Police Station Murad Nagar, District Ghaziabad, on the contention that the FIR was lodged by police personnel, that the petitioner was implicated merely on the mentioning of his name by arrested persons, and that there was no injury on any outsider including the police personnel. Notice was ordered to respondent no. 3, counter affidavits were permitted within three weeks and rejoinder within two weeks thereafter. Until the next date of listing or submission of the police report, whichever is earlier, the petitioner is not to be arrested pursuant to the FIR, subject to his cooperation in the investigation; on non-cooperation the police may move the Court. Final relief not decided; matter pending.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 27400 of 2025

Mehar Alam

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

Counsel for Petitioner(s) Counsel for Respondent(s) ae .. n ers	: Sanjay Kumar Srivastava : G.A. .....Respondent(s)

Court No. - 42

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

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

This writ petition has been filed seeking the quashing of the First Information Report dated 26.10.2025 registered as Case Crime No.543 of 2025, under Section 109(1) of BNS, Section 3/25/27 of Arms Act and Section 11(1)(f) of Prevention of Cruelty to Animal Act 1960, Police Station – Murad Nagar, District – Ghaziabad.

Contention of learned counsel for the petitioner is that the instant FIR has been lodged by the police personnel and that the petitioner has been implicated in this case on the mentioning of his name by the arrested persons. He further submits that there was no injury on any outsider including the police personnel.

Matter requires consideration.

The respondents no. 1 and 2 are represented by the learned AGA.

Issue notice to the respondent no. 3.

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

List on the date indicated in the notice.

Till the next date of listing or till submission of police report, whichever is

CRLP No. 27400 of 2025

2

earlier, the petitioner shall not be arrested pursuant to the aforesaid impugned first information report subject to his cooperation in the investigation. In the event, the petitioner does not cooperate in the investigation, the police will be at liberty to move this Court.

December 4, 2025 Zafar

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

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