On Thursday, the Allahabad High Court temporarily halted any coercive action against a man and his three family members, who are accused of assaulting lawyers within the Lucknow District Court Complex earlier this month.

A bench consisting of Justice Jaspreet Singh and Justice Rajeev Singh also instructed the Additional Commissioner of Police for the concerned area to conduct the investigation into the FIR filed against the petitioners.

The FIR includes charges under Sections 115(2) (Voluntarily causing hurt), 351(3) (Criminal intimidation), 352 (Intentional insult with intent to provoke a breach of peace), and 131 (Assaults or uses criminal force) of the Bharatiya Nagarik Suraksha Sanhita.

The Court also instructed the Investigating Officer to appear before the Court on January 13, bringing along the complete case diary, and to update the Court on the status of the investigation in the matter.

For context, the FIR filed against the petitioners alleges that on the evening of December 18, 2024, they assaulted Advocates Mukul Joshi, Prem Shankar Pandey, and Harish Shukla after a heated argument during proceedings related to a case under the Guardians and Wards Act, 1890.

Seeking protection from coercive actions, the petitioners approached the High Court, claiming that during the incident in question, for which a complaint was filed with the police, no action was taken. They also alleged that certain advocates had assaulted them.

The petitioners' counsel further contended that, although the alleged offences carry a maximum sentence of up to seven years, the Central Bar Association of Lucknow has passed a resolution urging the addition of an attempt to murder charge.

The Court was informed that the resolution also stipulates that advocates will abstain from work if a Section 109 BNS (attempt to murder) charge is not added to the FIR. As a result, the Investigating Officer is under pressure to include this charge, necessitating the Court's intervention. On the other hand, while the AGA opposed the plea, it was acknowledged that the alleged incident did occur, and as of today, the statement of the concerned court's reader has not yet been recorded.

Considering the submissions of counsel for both parties, reviewing the contents of the application, a supplementary affidavit filed by the petitioners' counsel, and other relevant documents, and in light of the resolution passed by the Central Bar Association of Lucknow, the Court directed the Additional Commissioner of Police for the concerned area to carry out the investigation.

Case title - Swaraj Saurabh And 3 Others vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 6 Others