[ High Court of Judicature at Allahabad ]

Allahabad HC Calls for Personal Affidavit from ADGP Over Alleged Fake Encounter in Firozabad

A Division Bench has directed the Additional Director General of Police, Zone Agra to file a personal affidavit over a Firozabad encounter in which a Jaipur-arrested man sustained a gunshot injury, while also calling for a simultaneous report from the Commissioner of Police, Jaipur.

Manaswi Singh — High Court of Judicature at Allahabad — 8 September 2026

The Allahabad High Court has taken up a criminal writ petition filed by Riya Gautam, whose husband was arrested by U.P. Police from Jaipur on the night of 5 December 2025 and subsequently injured in what she alleges was a staged encounter in district Firozabad. A Division Bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant, on 2 September 2026, directed the Additional Director General of Police, Zone Agra to file a personal affidavit addressing the encounter. The bench also called for a report from the Commissioner of Police, Jaipur, to be transmitted through the Registrar General of the Rajasthan High Court. The matter is next listed on 17 September 2026.

The Arrest in Jaipur and What the Rajasthan Inquiry Found

Counsel for the petitioner, Ajay Kumar Srivastava, placed before the court that the petitioner's husband, Avdhesh, was taken from the premises of a company in Kukus, Jaipur at approximately 10:00 PM on 5 December 2025 by personnel from Kukus Police Station and special police officers. No reason was disclosed to the family at the time of arrest.

Riya Gautam promptly lodged a complaint with the police authorities in Rajasthan. The Assistant Commissioner of Police, Jaipur conducted an inquiry into the complaint. That inquiry, as reflected in a communication dated 16 December 2025, confirmed that a police team from district Firozabad, U.P. had in fact arrested Avdhesh. The Jaipur inquiry noted that a theft case was registered against him at Police Station Pachokra, Firozabad, and that he had earlier criminal cases as well. After completing the requisite police documentation, the U.P. Police team took Avdhesh into judicial custody and transferred him to Firozabad.

The Prosecution Case and the Petitioner's Challenge

The version in the First Information Report differs materially from the account in the Rajasthan Police communication. According to the prosecution case in the FIR, the whereabouts of Avdhesh were disclosed to the police station by an informer. He and co-accused were reportedly found near a Cold Storage on the road towards Chittrai in district Firozabad. The FIR alleges that Avdhesh and his associates attacked the police team with firearms, and that in the ensuing exchange of fire Avdhesh sustained a gunshot injury.

Ajay Kumar Srivastava contended before the bench that the encounter was fabricated. He submitted that his client's husband was injured in a fake encounter staged by the police to “burnish their credentials.” The Rajasthan Police inquiry had separately confirmed the arrest at the Jaipur company premises, placing that version in direct tension with the FIR's account of an armed confrontation near a Cold Storage in Firozabad.

Why the Discrepancy Between the Two Accounts Matters

The central tension in the petition is the contradiction between two official police records. The Rajasthan Police inquiry, conducted at the petitioner's instance, documents that Avdhesh was taken from a company workplace in Jaipur by a U.P. Police team and transferred to judicial custody in Firozabad. The U.P. Police's own FIR, by contrast, places the origin of the encounter in Firozabad, asserting that his location was given by an informer and that he opened fire first.

These two accounts cannot both be accurate. The bench's decision to direct a personal affidavit from the Additional Director General of Police, Zone Agra — rather than a routine report — reflects the seriousness with which the court has treated this factual conflict. A personal affidavit requires a senior officer to place facts on oath and carry individual accountability for the contents.

Directing a simultaneous report from the Commissioner of Police, Jaipur, and routing it through the Rajasthan High Court's Registrar General, ensures that both police forces are required to account for the same incident through their respective institutional channels, with the Rajasthan High Court serving as the conduit for its state's police authority.

Directions Issued and Next Date

The bench issued the following directions on 2 September 2026:

The Additional Director General of Police, Zone Agra shall file a personal affidavit addressing the encounter in which the petitioner's husband sustained a gunshot injury.
The Commissioner of Police, Jaipur shall simultaneously send a report on the incident.
A copy of the order shall be communicated to the Commissioner of Police, Jaipur through the Registrar General, Rajasthan High Court.

The matter has been directed to be listed as a fresh case on 17 September 2026.

Order

Criminal Misc. Writ Petition No. 21070 of 2026 was heard on 2 September 2026 by a Division Bench of the Allahabad High Court. The court directed the Additional Director General of Police, Zone Agra to file a personal affidavit on the Firozabad encounter and called for a report from the Commissioner of Police, Jaipur through the Rajasthan High Court. The petition is next listed on 17 September 2026.