In a significant order balancing justice with compassion, the Allahabad High Court has directed the Bahraich police to strictly adhere to the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) and the Supreme Court's rulings in Arnesh Kumar vs State of Bihar and Satender Kumar Antil vs CBI. The Court intervened after finding that two minors one just 11 years old had been named as accused in a recent Bahraich FIR.
The division bench of Justice Rajesh Singh Chauhan and Justice Amitabh Kumar Rai passed the order on October 10, 2025, in Criminal Misc. Writ Petition No. 9244 of 2025, titled Ek Lakh Ali @ Ekhlakh and Others vs State of Uttar Pradesh and Others.
Background
The case arose from an FIR lodged at Motipur Police Station, Bahraich, on September 7, 2025, accusing six persons of offences under Sections 191(1), 115(2), 352, 351(3) and 324(2) of the Bharatiya Nyaya Sanhita, 2023, along with provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The petitioners-represented by advocate Zia-Ur-Rehman-approached the High Court seeking quashing of the FIR, arguing that the allegations were exaggerated and the offences, even if accepted at face value, were punishable with less than seven years of imprisonment.
Counsel highlighted that two of the accused Danish (13) and Jinat (11) were children, and their inclusion as accused violated both juvenile protection principles and basic police procedure.
Court's Observations
The bench took a serious note of the minors being named in the FIR.
"The Superintendent of Police, Bahraich shall carefully examine the facts and, if the minors have been falsely implicated, pass appropriate orders against the erring officials," the judges instructed.
During the hearing, the State was represented by Additional Government Advocate Divya Gupta, who assured the Court that the investigation would strictly follow Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, which governs arrest procedures for offences carrying less than seven years of punishment.
The bench reminded all investigating officers of their legal duty to respect the Supreme Court's directions in Arnesh Kumar (2014) and Satender Kumar Antil (2022). These landmark judgments had earlier clarified that arrest should not be a mechanical process and should be made only when absolutely necessary.
The bench observed, "Since the dictum of the Apex Court in Satender Kumar Antil is the law of the land, all concerned must follow it in letter and spirit. Any disobedience shall amount to contempt of court."
Decision
After hearing both sides, the Court decided not to quash the FIR but to protect the petitioners from arbitrary arrest. The judges disposed of the petition with directions ensuring compliance with due process.
The Court ordered that petitioners Nos. 1, 2, 4, and 5 must appear before the Investigating Officer on October 16, 2025, at 11:00 AM to cooperate in the probe. However, the bench made it clear that they must not be harassed as long as they follow lawful summons.
It further directed the Registry of the Court to send a copy of the order to the Superintendent of Police, Bahraich, within three working days for compliance.
By stressing that the Arnesh Kumar and Satender Kumar Antil guidelines are binding, the High Court reaffirmed that arrest is not to be used as a tool of harassment, especially where offences are minor and involve children.
With this, the matter was disposed of, bringing partial relief to the petitioners and sending a strong reminder to police authorities across Uttar Pradesh to exercise restraint and act within the limits of law.
Case Title: Ek Lakh Ali @ Ekhlakh and Others vs State of Uttar Pradesh through Secretary, Home, Lucknow, and Others
Case Type & Number: Criminal Miscellaneous Writ Petition No. 9244 of 2025
Date of Order: 10 October 2025
Counsel for Petitioners: Sri Zia-Ur-Rehman , Sri Ateeq Ahmad Ansari
Counsel for Respondents (State): Ms. Divya Gupta, Additional Government Advocate
