The Allahabad High Court has granted interim relief by staying the arrest of retired High Court judge Justice Anil Kumar and his wife in connection with a First Information Report (FIR) alleging abetment of suicide of their domestic help, Mahesh Nishad.
A division bench of Justice Alok Mathur and Justice Shree Prakash Singh passed the interim order while hearing the criminal misc. writ petition no. 5821 of 2025, filed by the couple. The FIR was registered under Section 108 of the Bharatiya Nyaya Sanhita (BNS), which corresponds to Section 306 IPC, pertaining to abetment of suicide.
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According to the petitioners, a theft took place at their residence on March 14, 2025, involving ₹6.5 lakh. They filed a written complaint against Mahesh Nishad, who was employed as a peon, on March 17, 2025, at Police Station Aliganj, Lucknow. Though an FIR was not registered, Mahesh allegedly admitted guilt and agreed to return a portion of the stolen amount through a police-mediated agreement.
However, on April 2, 2025, the wife of the deceased lodged an FIR alleging that the couple had threatened Mahesh, leading him to die by suicide on April 1, 2025. The FIR also mentioned the existence of a suicide note and a video message purportedly left by the deceased.
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The petitioners, represented by Advocate Pranshu Agrawal, argued that even if the FIR’s contents were assumed to be true, the case does not meet the essential criteria required under Section 108 of BNS, since there is no direct instigation or close proximity of conduct to the act of suicide.
“The act of instigation, in order to constitute an offence under Section 108 of BNS, must be of such an intensity that it pushes the deceased into a state of perplexity, leaving him with no option but to commit suicide. It must also be in close proximity to the time of the act,” the Court observed.
The State counsel opposed the plea but did not dispute the factual submissions, requesting time to file a counter affidavit.
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After examining the FIR and the facts, the Court noted that the only allegation against the petitioners was a theft complaint made to the police and a few subsequent phone calls to the deceased. However, there was no concrete detail or record of these calls that could suggest coercion or abetment.
"Only act attributed to the petitioners is of speaking to the deceased on mobile phone, but the communication is neither on record nor mentioned in the FIR which can indicate coercion leading to suicide,” the Bench noted.
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Relying on Supreme Court precedents such as Gangula Mohan Reddy v. State of Andhra Pradesh and Prakash v. State of Maharashtra, the High Court concluded that the FIR lacked the necessary ingredients to establish abetment under Section 108.
Accordingly, the Court granted the State four weeks to file a counter affidavit, and two additional weeks for the petitioners to file their rejoinder. The matter is scheduled for next hearing on August 20, 2025.
"Till the next date of listing, arrest of the petitioners in connection with FIR No. 87/2025, Police Station Hazratganj, Lucknow shall remain stayed,” the Court directed.
Advocate Pranshu Agrawal appeared for the petitioners
Case title - Vandana Srivastava (But Actual Name Is Smt. Vandana) And Another vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others
