Allahabad High Court Stays Arrest Of Former HC Judge, His Wife In Domestic Help Suicide Abetment Case

A Bench comprising Justice Alok Mathur and Justice Shree Prakash Singh handed the interim order whereas listening to a prison writ petition looking for quashing of the FIR registered underneath Part 108 of the Bharatiya Nyaya Sanhita (corresponding to Part 306 IPC) and staying their arrest.

The petitioners contended {that a} theft had occurred at their residence on March 14, 2025, and that that they had submitted a written criticism towards Mahesh Nishad (then employed as a peon at their residence) earlier than the closest Police Station on March 17, 2025, alleging theft of ₹6.5 lakh from an almirah.

It was submitted that though an FIR was not registered within the case, the accused therein/deceased had admitted his guilt and an settlement was arrived on the Police Station whereby he agreed to return a specific amount to the petitioners.

Nevertheless, a number of days later, on April 2, the spouse of the home assist lodged the current FIR towards the petitioners, alleging that that they had threatened the deceased, which led him to commit suicide on April 1, 2025. The FIR additional said that he had left behind a suicide be aware and video message.

Looking for aid in the case, the peititoner moved the HC arguing that even when the contents of the FIR are accepted as right, no offence underneath Part 108 BNS (abetment of suicide) was made out, because the important substances of Part 45 BNS (akin to Part 107 IPC – abetment) are lacking.

It was argued that neither any direct instigation nor such proximity of conduct with the suicide was introduced in order to draw Part 108.

The State counsel, although against the plea however didn’t dispute the factual submissions and sought time to file a counter affidavit.

Paying attention to the allegations, the Courtroom noticed that the FIR solely attributes to the petitioners a criticism made to the police concerning theft by the deceased, and a number of cell calls thereafter. Nevertheless, the contents of these alleged calls are neither on file nor described in a way that might counsel coercion or abetment to suicide.

“…the act of instigation, with a purpose to represent an offence underneath Part 306 IPC (now Part 108 of BNS), is required to be of such an depth, in order to push the deceased to such perplexity underneath which he has no alternative, however, to commit suicide. Such instigation should even be in shut proximity to the act and time of suicide”, the Courtroom noticed.

Towards this backdrop, on a prima facie view, the Courtroom discovered that the required substances to represent the offence underneath Part 108 had been absent.

Accordingly, the Courtroom granted 4 weeks to the State to file its counter-affidavit and two weeks thereafter to the petitioners for submitting a rejoinder. The matter will now be listed on August 20, 2025.

Within the meantime, the Courtroom directed that the petitioners will not be arrested in reference to the stated FIR.