Act Against Erring Cops If Minors Found Falsely Implicated In Rioting Case: Allahabad High Court Directs Bahraich SP

A Bench of Justice Rajesh Singh Chauhan and Justice Amitabh Kumar Rai directed appropriate action against erring police officials if the SP finds that the minors were falsely implicated.

The bench passed the order while disposing of a Criminal Writ Petition filed by six petitioners seeking to quash an FIR registered under Sections 191(1) [Rioting], 115(2) [Voluntarily causing hurt], 352 [Intentional insult with intent to provoke breach of peace.], 351(3) [Criminal intimidation], and 324(2) [Mischief] BNS along with provisions of Sections SC/ST Act.

During the hearing, the Bench took serious note of the fact that petitioner no. 3 (Danish, aged 13 years) and petitioner no. 6 (Jinat, aged 11 years) had been named as accused in the case.

The Court directed the Superintendent of Police, Bahraich, to "go through the aforesaid fact carefully" and, if it is found that the minors have been "falsely implicated", then to "pass appropriate orders against the erring police officials".

During the hearing, counsel for the petitioners, Adv. Zia-Ur-Rehman, argued that all the offences alleged in the FIR are punishable with imprisonment of less than seven years and yet, the police were trying to arrest them, in violation of the Section 35(3) of BNSS.

The Additional Government Advocate Divya Gupta submitted on behalf of the State that since the offences attract imprisonment below seven years, the investigating agency would follow Section 35(3) of BNSS strictly, as mandated by the Supreme Court in Arnesh Kumar and Satender Kumar Antil cases.

Taking note of the AGA's assurance, the Bench disposed of the petition while making it clear that the directions in Arnesh Kumar and Satender Kumar Antil must be followed by the investigating agency in "letter and spirit".

Further, the Court ordered petitioners nos. 1, 2, 4, and 5 to appear before the Investigating Officer on October 16, 2025, at 11:00 AM sharp to cooperate with the investigation. It warned that failure to do so may lead to withdrawal of the protection granted by the Court, upon application by the prosecution or complainant.