Adarsh Sharma @ Vaibhav vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Adarsh Sharma @ Vaibhav vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection pending further consideration: counter affidavit to be filed within four weeks and matter to be listed after four weeks; till the next date of listing the petitioner shall not be arrested on the basis of the impugned FIR unless sufficient and credible evidence is available against him, subject to his cooperation in the investigation and recording of his statement before the Investigating Officer.

Issue for consideration

Whether the petitioner should be granted interim protection from arrest in connection with the impugned FIR (Case Crime No. 0067 of 2025), on his contention that all injuries sustained by the injured are simple in nature, that Section 109 of B.N.S. was wrongly invoked, and that the FIR allegations are vague and concocted.

Court's answer

On the submissions regarding the nature of the injuries, the Court found that a case for consideration is made out.

Ratio / Principle

As an interim measure, till the next date of listing the petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him.

Key takeaways

The interim protection is conditional upon the petitioner cooperating in the investigation and getting his statement recorded before the Investigating Officer as and when he is called.ratio¶¶14
Failure by the petitioner to cooperate with the investigation can be made a ground for seeking vacation of the interim order.ratio¶¶14

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 4388 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Vivek Chaudhary and Brij Raj Singh, JJ.; Order dated 26.5.2025): Petitioner Adarsh Sharma @ Vaibhav sought quashing of FIR/Case Crime No. 0067 of 2025 dated 24.03.2025, Police Station Kotwali Bikapur, District Ayodhya, registered under Sections 191(2), 191(3), 115(2), 352, 351(3), 109(1) and 117(2) of B.N.S., 2023. Learned counsel for the petitioner argued that all injuries sustained by the injured were simple in nature (with nothing serious emerging from the C.T. Scan), that Section 109 of B.N.S. had been wrongly invoked, and that the FIR allegations were vague and concocted, seeking interim protection. Counsel for opposite party no.4 opposed the prayer but acknowledged he could not produce any document showing the injuries were serious; the learned A.G.A. likewise stated on instructions that all injuries were simple. Finding that a case for consideration was made out, the Court directed a counter affidavit within four weeks and listing after four weeks, and granted interim protection that, till the next date of listing, the petitioner shall not be arrested on the basis of the impugned FIR unless sufficient and credible evidence is available against him, conditional on his cooperating with the investigation and recording his statement before the Investigating Officer, failing which the interim order could be sought to be vacated.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 4388 of 2025

Petitioner :- Adarsh Sharma @ Vaibhav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others

Counsel for Petitioner :- Ramakar Shukla Counsel for Respondent :- G.A.,Sujeet Kumar Sahu

Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.

Heard Shri Ramakar Shukla, learned counsel for the petitioner, Shri Sujeet Kumar Sahu, learned counsel for complainant/opposite party no.4 as well as learned A.G.A. for the State-respondents and perused the material available on record.

By means of this petition, the petitioner has sought quashing of First Information Report dated 24.03.2025, lodged by the opposite party no.4, bearing F.I.R./Case Crime No. 0067 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(3), 109(1) and 117(2) of B.N.S., 2023, registered at Police Station Kotwali Bikapur, District Ayodhya.

Learned counsel for the petitioner submits that all the injuries which have been sustained by the injured are simple in nature and no serious injury has come out in the C.T. Scan or any other reports. He further submits that Section 109 of B.N.S. has wrongly been invoked against the petitioner and rest of the penal sections are of minor offences. He next submits that all the allegations made in the first information report are vague, concocted and could not be believed. Therefore, the interim protection be granted to the petitioner.

Shri Sujeet Kumar Sahu, learned counsel for opposite party no.4/complainant strongly opposes the submissions made by learned counsel for the petitioner and submits that there are serious head injuries inflicted upon two persons, however, he could not produce any document to show that the injuries are serious in nature. Even as per the C.T. Scan or any other document do not show any serious head injury upon the injured.

Learned A.G.A, on the basis of instructions, also stated that all the injuries are simple in nature and even in C.T. Scan, no injury is shown to be grievous.

In view of the aforesaid facts, a case for consideration is made out.

Let counter affidavit be filed within four weeks.

List after four weeks.

Considering the submissions made, it is provided that till the next date of listing, the petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does not do so then it can be made a ground for seeking vacation of this interim order.

(Brij Raj Singh, J.) (Vivek Chaudhary, J.)

Order Date :- 26.5.2025 Praveen

Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench