Sunday Sitting | Allahabad HC Protects Advocate From Arrest After ‘Mala Fide’ FIR Filed Days After SP Was Summoned By HC
In an pressing Sunday sitting, the Allahabad High Court granted safety from arrest to an advocate who alleged {that a} mala fide FIR was lodged towards him on the occasion of the Superintendent of Police, Fethgarh, Arti Singh, simply days after the SP was summoned by the Court in a separate habeas corpus case.
The Bench of Justice JJ Munir and Justice Sanjiv Kumar directed that the petitioner (Advocate Awadhesh Mishra) shall not be arrested until October 29, 2025, in reference to an FIR lodged underneath the Bharatiya Nyaya Sanhita for alleged offences of organized crime, legal conspiracy, extortion and others.
The current case traces again to a Habeas Corpus plea filed earlier than the High Court in September by one Preeti Yadav, whose husband was allegedly detained and tortured by the Fatehgarh police.
Briefly put, Advocate Awadhesh Mishra (petitioner), an area lawyer of Fatehgarh, had suggested Preeti Yadav to strategy the High Court and linked her with Advocate Santosh Kumar Pandey, who later filed the habeas corpus petition.
During the listening to of that petition, it got here to mild within the HC that Preeti Yadav had been compelled by the police to signal on some papers claiming that no petition was filed by her and that her husband was not in police custody.
When the case was taken up, Preeti Yadav and her counsel (Advocate Santosh Kumar Pandey) appeared earlier than the Court and categorically said that Yadav had been coerced by the police officers to make such a declaration.
On October 9, 2025, a Division Bench of the HC (led by Justice Munir) took severe notice of this assertion and in its order, it recorded that the act of the police gave the impression to be a “patent act of obstructing justice”.
The Court then summoned the Superintendent of Police, Fatehgarh, Arti Singh, and different officers to look personally on October 14, 2025 at 2:00 p.m.
Now, allegedly sad over the event within the HC and the help given by Advocate Mishra (petitioner) to the Habeas Corpus plea petitioner (Preeti Yadav), the petitioner was harassed on the occasion of SP Arti Singh.
According to Mishra’s petition, following the High Court’s order, SP Arti Singh launched a retaliatory motion and on October 11, an FIR was lodged accusing Mishra of demanding ₹5 lakh from an accused (in a 2020 case) to make the prosecutrix testify in his favour.
The plea additional alleges that on that very night, round 8:30 pm, the SP raided Mishra’s home with about 100 constables, beat his spouse, son and home servant and in addition broken his home goods.
Consequently, on October 18, an pressing point out was made earlier than the Chief Justice looking for pressing itemizing because it was submitted that Mishra was underneath imminent risk of arrest. Considering the gravity and urgency, the Chief Justice directed structure of a particular bench for Sunday (October 19).
During the listening to, Mishra’s counsels categorically argued that the harassment and the FIR was ‘telltale’ of mala fides given the truth that the FIR towards Mishra was lodged barely two days after the SP was summoned by the High Court within the habeas corpus matter.
Taking into account the matter and the allegations levelled towards the SP involved, the Court directed that no arrest be made until the following date of listening to and issued notices to all respondents, together with the SP.
It additional directed that the matter be listed contemporary on October 29, 2025.
Senior Advocate Amrendra Nath Singh, assisted by Advocates Prashant Singh and Santosh Kumar Pandey, appeared for petitioner (Mishra).
The State was represented by AGA Deepak Mishra, and Advocate Vinod Kumar Srivastava appeared for respondent no. 5.
