Allahabad High Court
CRLP/11051/2025 of SOHAN Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS on 25 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11051 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard. 2. Instant petition has been filed commanding the respondents to conduct fair investigation and arrest the accused persons in pursuance to
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 11051 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
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1. Heard.
2. Instant petition has been filed commanding the respondents to conduct fair investigation and arrest the accused persons in pursuance to the first information report dated 12.10.2025 bearing no.642, under Sections 191(2), 115(2), 351(3), 109(1) and 352 of B.N.S. 2023, and Section 3(2)(v) of the SC/ST Act, lodged at Police Station Kotwali Ayodhya, District Ayodhya, a copy of which has been filed as Annexure- 1 to the writ petition.
3. The contention of learned counsel for the petitioner is that despite the aforesaid FIR having been lodged the respondent authorities have not arrested the accused persons.
4. On the other hand, learned AGA on the basis of instructions dated 25.11.2025 sent by Sri Devesh Chaturvedi, Assistant Superintendent of Police/Circle Officer, Ayodhya, states that all the sections as indicated in the said FIR with the exception of Section 109(1) of BNS, carry a sentence of less than seven years. He further states that Section 109(1) of BNS has been dropped and during investigation Sections 125, 125-B and Section 324(2) have been added which are carrying a sentence of less than seven years and consequently there cannot be any occasion for automatic arrest of the accused persons. He further states that an endeavour would Versus Counsel for Petitioner(s) : Deepak Yadav Counsel for Respondent(s) : G.A. Sohan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s)
be made to carry out a fair investigation in the matter.
5. The aforesaid statement of learned AGA is recorded.
6. Obviously once all the offences against accused persons now carry a sentence of less than seven years consequently there cannot be any automatic arrest of the accused persons.
7. Considering the aforesaid, the writ petition stands disposed of. November 25, 2025 A. Katiyar CRLP No. 11051 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench