Allahabad HC stays Coercive Action Against Man Booked for WhatsApp ‘Threat’ to Chandrashekhar Azad
The Allahabad High Court stays coercive action against Bijnor man in criminal intimidation case against Chandrashekhar Azad
The Allahabad High Court recently directed that no coercive steps be taken against a Bijnor man accused of making an allegedly threatening remark on a WhatsApp group against the National President of the Aazad Samaj Party (Kanshi Ram), Chandrashekhar Azad.
The bench of Justice Ram Manohar Narayan Mishra passed the order on a plea filed by Nitish Agrawal alias Sona Pandey, who sought quashing of the chargesheet dated March 18, 2025, and the summoning order issued on May 27, 2025, by the Gram Nyayalaya, Dhampur, in Bijnor district. The case was registered under Section 351(2) of the BNS, a provision corresponding to Section 503 of the Indian Penal Code (criminal intimidation).
According to the prosecution, Agrawal had allegedly made a statement in a WhatsApp group referring to remarks by MP Chandrashekhar Azad about people visiting the Kumbh Mela, saying “Unka illaj hi karna padega".
Agrawal, represented by advocate Sumit Goyal, told the court that the case was a misuse of process as the alleged offence is bailable and non-cognizable, carrying a maximum punishment of two years. He argued that under the new BNS, such offences cannot be investigated by police without prior permission from a magistrate, and any chargesheet filed without it should be treated as a complaint case rather than a police report.
The counsel relied on the Supreme Court’s decision in B.N. John vs State of U.P. (SLP (Crl) No. 2184 of 2024), where the apex court had drawn a clear distinction between serious and non-serious offences, stressing that police cannot invoke their coercive powers in non-cognizable cases without judicial oversight. The judgment had noted that procedural safeguards exist “to preserve the balance between the liberties of citizens and the coercive authority of the State".
Agrawal, who is on bail, had earlier approached the High Court in a writ petition challenging the FIR. That petition was disposed of with directions to follow the Supreme Court’s ruling in Arnesh Kumar vs State of Bihar (2014), which mandates that arrests should not be made mechanically in offences punishable with less than seven years of imprisonment.
After hearing submissions, court said the matter “requires consideration” and issued notice to the complainant through the Chief Judicial Magistrate.
The case has been listed for further hearing on October 30, 2025, and until then, court has directed that no coercive process shall be adopted by the trial court against the applicant.
Case Title: Nitish Agrawal Alias Sona Pandey vs State of U.P. and Another
Order Date: September 12, 2025
Bench: Justice Ram Manohar Narayan Mishra