Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into the FIR lodged against the petitioners under Sections 115 (2) (Voluntarily causing hurt), 351 (3) (Criminal intimidation), 352 (Intentional insult with intent to provoke breach of peace), and 131 (assaults or uses criminal force) of the Bharatiya Nagarik Suraksha Sanhita.

The Court also directed the Investigating Officer to appear before the Court on January 13 along with a complete case diary and apprise the investigation status of the case in question.

For context, according to the FIR lodged against the petitioners, on the evening of December 18, 2024, they assaulted Advocates Mukul Joshi, Prem Shankar Pandey, and Harish Shukla following a heated exchange of words during the arguments in connection with a case under the Guardians and Wards Act, 1890.

Seeking protection against coercive actions, the petitioners approached the High Court, asserting that during the incident in question, for which a complaint was filed with the police, the same was not registered, and certain advocates also assaulted them.

It was further contended by the petitioners' counsel that although the alleged offences carry a maximum punishment of up to seven years, the Central Bar Association of Lucknow has passed a resolution calling for the addition of an attempt to murder charge.

The Court was apprised that the resolution also states that advocates will abstain from work if a Section 109 BNS (attempt to murder) charge is not added in the FIR, and due to this, the IO is under pressure to include this provision, and thus, the indulgence of the Court is necessary.

On the other hand, though the AGA opposes the plea, it was admitted that the alleged incident did take place, and until today, the statement of the reader of the court concerned has not been recorded.

Considering the submissions of counsel for the parties, going through the contents of the application, a supplementary affidavit filed by counsel for the petitioners and other relevant documents, as there is a resolution of Central Bar Association, Lucknow, the court directed the Additional Commissioner of Police of the area concerned to conduct the probe.