Allahabad HC Stays Arrest in Morphed Akhilesh Yadav Photo Case

A division bench of Justices Rajnish Kumar and Rajeev Singh passed the interim order on September 18, 2025, while hearing a writ petition filed by Arun Kumar alias Arun Yadav alias Arun Kasli. The petitioner had approached the court seeking quashing of the FIR lodged against him in August this year at Gomti Nagar police station, Lucknow.

The FIR was registered under Sections 147, 196, 197, 353 of the B.N.S., Section 67 of the I.T. Act, and Section 7 ofthe  Criminal Law Amendment Act. Kumar was accused of sharing an image that allegedly portrayed Samajwadi Party chief in company of Jyoti Malhotra, who was recently arrested in connection with officials from Pakistan.

According to Kumar's petition, the controversy began on May 20, 2025, when one Dr. Ajay Alok uploaded a photograph on his X (formerly Twitter) account showing Yadav alongside Abhishek Mishra and Jyoti Malhotra. The petitioner reposted this photograph on his own account, expressing anguish and accusing the opposition leader of anti-national ties. However, upon realizing that the image was manipulated, he promptly deleted it.

Despite the removal, a written complaint was submitted to the police on May 31, 2025, and later to the Police Commissioner on June 17. Initially, the police declined to lodge an FIR, finding no cognizable offence. However, the complainant approached a magistrate under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. On July 10, 2025, the magistrate directed registration of the FIR, following which the police complied.

In his plea before the High Court, Kumar argued that the case was politically motivated and not tenable in the eyes of law. His counsel contended that none of the invoked provisions were applicable, as the reposting of the image could not be equated with waging war against the government, promoting enmity, or causing public mischief. Furthermore, no incident of disturbance had been reported as a consequence of the tweet, which had already been deleted.

The State, represented by the Additional Government Advocate, defended the FIR, asserting that it was lawfully registered pursuant to the magistrate’s order. The AGA further informed the court that an investigation was underway to collect relevant evidence.

After hearing both sides, the bench said that the matter requiers consideration. It, therefore, issued notice to one of the respondents and granted the State four weeks to file its counter affidavit. Kumar has been given two weeks thereafter to file his rejoinder. The matter will be listed again after the exchange of pleadings.

Importantly, the High Court protected Kumar from immediate arrest. The bench directed that until the next date of hearing, he shall not be taken into custody unless incriminating material surfaces during the investigation. The protection is conditional upon his cooperation with the authorities.

Case Title: Arun Kumar Alias Arun Yadav Alias Arun Kasli vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

Order Date: September 18, 2025

Bench: Justices Rajnish Kumar and Rajeev Singh