Suraj Kumar Gautam and Another vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Suraj Kumar Gautam and Another vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions: interim order extended till the next date of listing; petitioner no. 1 and his family members not to be arrested in Case Crime No. 0041 of 2026 (Sections 87 and 61(2) B.N.S.S., P.S. Kotwali, Ghazipur); family members to produce the video recording before the Superintendent of Police, Ghazipur, who is to examine it and act if any substance is found; Additional Chief Standing Counsel to submit a detailed report; case put up fresh on 12.03.2026.

Issue for consideration

Whether, despite the interim protection granted by this Court vide order dated 12.01.2026, the police authorities have continued to harass the petitioners — including the alleged misbehaviour by police personnel of P.S. Kotwali in the intervening night of 21/22.01.2026 — and what action should be taken on the recorded incident. +1 more

Court's answer

The family members of the petitioners are directed to approach respondent no. 2, the Superintendent of Police, District Ghazipur, and produce the video recording allegedly made in the intervening night of 21/22.01.2026; the Superintendent of Police, Ghazipur, shall examine it and, if any substance is found in the allegations, take appropriate action against the concerned police officer(s) in accordance with law.

Ratio / Principle

The learned Additional Chief Standing Counsel is to submit a detailed report on the next date of listing.

Key takeaways

The interim order granted earlier is extended till the next date of listing.ratio¶¶19
It is made clear that petitioner no. 1 or his family members shall not be arrested in Case Crime No. 0041 of 2026, under Sections 87 and 61(2) of the B.N.S.S., Police Station Kotwali, District Ghazipur.ratio¶¶20

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Vivek Kumar Singh, J.) — WRIT - C No. 44271 of 2025 — Suraj Kumar Gautam and Another v. State of U.P. and 3 Others — decided February 10, 2026. On submissions that, despite interim protection granted by the Court vide order dated 12.01.2026 (copy served on the Superintendent of Police, Ghazipur on 21.01.2026), an F.I.R. (Case Crime No. 0041 of 2026, under Sections 87 and 61(2) of the B.N.S.S., P.S. Kotwali, District Ghazipur) was registered against petitioner no. 1 and his family members on 23.01.2026, and that police personnel misbehaved with the family in the intervening night of 21/22.01.2026 (incident recorded on video), the Court held the matter serious and directed the family members to produce the video recording before the Superintendent of Police, Ghazipur, who is to examine it and, if any substance is found in the allegations, take appropriate action against the concerned police officer(s) in accordance with law; the Additional Chief Standing Counsel is to submit a detailed report on the next date; the interim order is extended till the next date of listing; and it is made clear that petitioner no. 1 or his family members shall not be arrested in Case Crime No. 0041 of 2026. Case put up fresh on 12.03.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 44271 of 2025

Suraj Kumar Gautam And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s) Counsel for Petitioner(s) : Sadhu Sharan Counsel for Respondent(s) : C.S.C.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the petitioners and Sri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the Staterespondents.

It is submitted by learned counsel for the petitioners that interim protection was granted to the petitioners by this Court vide order dated 12.01.2026. A copy of the said order was duly served upon respondent no. 2, Superintendent of Police, District Ghazipur, on 21.01.2026. However, despite service of the aforesaid order, an F.I.R. was registered against petitioner no. 1 and his family members on 23.01.2026 at Police Station Kotwali, District Ghazipur, being Case Crime No. 0041 of 2026, under Sections 87 and 61(2) of the B.N.S.S.

It is further submitted that in the intervening night of 21/22.01.2026, the police personnel of Police Station Kotwali, District Ghazipur, visited the residence of petitioner no. 1, Suraj Kumar Gautam, and allegedly misbehaved with the family members of the petitioners. The police personnel are stated to have hurled abuses at the petitioners, and the said incident was recorded by the family members of petitioner no. 1. It is contended that despite the interim protection granted by this Court vide order dated 12.01.2026, the police authorities are continuing to harass the petitioners.

The matter appears to be serious. The family members of the petitioners are directed to approach respondent no. 2, Superintendent of Police, District

WRIC No. 44271 of 2025

2

Ghazipur, and produce before him the video recording allegedly made in the intervening night of 21/22.01.2026. Upon such production, the Superintendent of Police, Ghazipur, shall examine the same and, if any substance is found in the allegations, shall take appropriate action against the concerned police officer(s), in accordance with law.

The learned Additional Chief Standing Counsel will submit a detailed report on the next date of listing.

Put up this case on 12.03.2026 as fresh.

Interim order, granted earlier, is extended till the next date of listing.

It is made clear that the petitioner no.1 or his family members shall not be arrested in Case Crime No.0041 of 2026, under Sections 87 and 61(2) of the B.N.S.S., Police Station Kotwali, District Ghazipur.

(Vivek Kumar Singh,J.)

February 10, 2026

Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad