Mrs. Nisha Chaturvedi vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Mrs. Nisha Chaturvedi vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: police directed not to arrest the petitioner in pursuance of the F.I.R. dated 18.03.2026 (Case Crime No. 0055 of 2026, P.S. Linepar, District Firozabad) nor harass her in any manner; directions issued for recording of the victim's statements under Sections 180 and 183 of B.N.S.S. and forwarding a copy thereof to the High Court in a sealed cover; case listed on 20.04.2026 in the top ten cases.

Issue for consideration

Whether the petitioner, who states she is not an accused in the case, is entitled to protection from arrest and harassment by the police of Police Station Linepar, District Firozabad in connection with the F.I.R. dated 18.03.2026 (Case Crime No. 0055 of 2026).

Court's answer

Interim direction that the police shall not arrest the petitioner in pursuance of the F.I.R. dated 18.03.2026 (Case Crime No. 0055 of 2026, Police Station Linepar, District Firozabad) nor harass her in any manner.

Ratio / Principle

Pursuant to counsel's undertaking to produce the victim-petitioner before the Investigating Officer on or before 15.04.2026, the Investigating Officer shall record her statement under Section 180 of B.N.S.S. and produce her before the competent Magistrate for recording her statement under Section 183 of B.N.S.S.

Key takeaways

The competent Magistrate shall forward a copy of the victim's statement to this Court in a sealed cover by the next date fixed.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Gupta and Dr. Ajay Kumar-II, JJ.), interim order in Criminal Misc. Writ Petition No. 7745 of 2026 (Mrs. Nisha Chaturvedi v. State of U.P. and 3 others): the petitioner, stating she was not an accused in the case arising out of the F.I.R. dated 18.03.2026 (Case Crime No. 0055 of 2026, Police Station Linepar, District Firozabad) and alleging repeated police raids on her house to illegally arrest her, sought protection, noting that arrest of co-accused had been stayed in Criminal Misc. Writ Petition No. 6584 of 2026. The State (AGA) submitted that the Investigating Officer visited her house only to record her statement under Section 180 of B.N.S.S. and to produce her before the competent Magistrate for statement under Section 183 of B.N.S.S. Counsel for the petitioner undertook to secure her presence before the Investigating Officer on or before 15.04.2026. The Court directed that upon such production the Investigating Officer shall record her statement under Section 180 of B.N.S.S. and produce her before the competent Magistrate for statement under Section 183 of B.N.S.S.; the Magistrate shall forward a copy of the statement to the High Court in a sealed cover by the next date fixed; the case was listed on 20.04.2026 in the top ten cases; and the police were directed not to arrest the petitioner in pursuance of the said F.I.R. nor harass her in any manner.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 7745 of 2026

Mrs. Nisha Chaturvedi

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

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

Court No. - 48

HON'BLE RAJIV GUPTA, J. HON'BLE DR. AJAY KUMAR-II, J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

Learned counsel for the petitioner has submitted that though, the petitioner is not an accused in the instant case and arrest of coaccused has already been stayed by this Court in Criminal Misc. Writ Petition No. 6584 of 2026 (Arun Kumar @ Virat @ Hany And 2 Others Vs. State of U.P. And 3 Others), however, the police of Police Station Linepar, District Firozabad is conducting repeated raids in her house and trying to illegally arrest her.

Per contra, learned AGA has submitted that in fact, the Investigating Officer seeks to record the statement of the victimpetitioner under Section 180 of B.N.S.S. and thereafter, to produce her before the competent Magistrate for getting her statement recorded under Section 183 of B.N.S.S., for which, he is regularly visiting the house of the victim- petitioner and not to arrest the petitioner.

Be that as it may be, learned counsel for the petitioner undertakes to secure the presence of the victim- petitioner before the Investigating Officer positively on or before 15.04.2026. In case, victim is so produced, Investigating Officer shall record her statement under Section 180 of B.N.S.S. and thereafter, shall produce her before the competent Magistrate to get her statement

CRLP No. 7745 of 2026

2

recorded under Section 183 of B.N.S.S. In case, her statement is recorded, the competent Magistrate shall forward a copy of her statement to this Court in a sealed cover by the next date fixed.

List this case on 20.04.2026 in the top ten cases.

However, the police shall not arrest the petitioner in pursuance of the F.I.R. dated 18.03.2026, arising out of Case Crime No. 0055 of 2026, Police Station Linepar, District Firozabad, nor shall harass her in any manner.

April 9, 2026

Nadim

(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)

Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad