In a significant order, the Allahabad High Court’s Lucknow Bench, comprising Justice Vivek Chaudhary and Justice Syed Qamar Hasan Rizvi, expressed strong discontent over the conduct of the police in failing to register a First Information Report (FIR) promptly against individuals accused of assaulting two lawyers. The matter was heard under Criminal Misc. Writ Petition No. 1535 of 2025, filed by Amit Kumar Pathak and another against the State of Uttar Pradesh and other respondents.
Background of the Case
The case arose from an incident outside the Sanjay Gandhi Post Graduate Institute (SGPGI) in Lucknow, where the petitioners, including Advocate Amit Kumar Pathak, were allegedly assaulted by street vendors. Pathak sustained serious injuries, including a skull puncture. Despite this, the police initially lodged an FIR only against the petitioners, omitting the names of those who inflicted injuries. The petitioners repeatedly approached police authorities for action, but no response was forthcoming, prompting them to move the High Court.
Court’s Strong Remarks on Police Conduct
The High Court took a stern view of the situation, noting that despite grave injuries suffered by the petitioners, the police failed to register an FIR against the assailants. “This is a serious matter where in the capital of the State, lawyers are beaten and FIR is not lodged by the police while an FIR is lodged against the victims and they are being harassed,” the Court observed.
The judges further directed the Municipal Commissioner of Lucknow Nagar Nigam to submit a report on whether street vendors operating near the SGPGI Trauma Centre at Vrindavan Colony crossing were legally permitted. The Court also sought details of licenses, if any, issued to these vendors and ordered that copies be produced in the next hearing.
Legal Issues
The key legal issues in this case include:
Failure of the Police to Register an FIR: The petitioners contended that despite suffering serious injuries, their complaint was ignored by the police, and instead, an FIR was registered against them.
Accountability of the Police Authorities: The Court raised concerns about the role of the Investigating Officer (I.O.) and the Station House Officer (S.H.O.) of SGPGI Police Station in delaying the FIR registration.
Legality of Street Vendors’ Operations: The case also brought to light allegations that local police officials were allowing unauthorized street markets to operate in exchange for illicit payments.
Court’s Directions and Future Proceedings
The High Court issued several directives:
Municipal Commissioner’s Report: The Commissioner of Lucknow Nagar Nigam must submit details regarding the legality of the street vendors’ operations near SGPGI.
Police Commissioner’s Explanation: The Commissioner of Police, Lucknow, must provide a detailed report regarding the conduct of the I.O. and S.H.O., explaining why an FIR was delayed.
Senior Officer’s Appearance: A senior officer must be present in Court with complete instructions on the matter.
Investigation Halted: Until further orders, the investigating officers and supervisory authorities have been restrained from taking any action in the matter.
The petitioners were represented by Advocate Ganesh Kumar Gupta, while the State of Uttar Pradesh was represented by the Government Advocate (G.A.). Additionally, Advocate Shailendra Singh Chauhan appeared for the Municipal Corporation.
