The FIR concerning alleged witness intimidation was lodged by the Uttar Pradesh Police in October 2023 after the Supreme Court had criticised the police for not acting on a complaint made by Baljinder Singh, who claimed he was threatened to withdraw his statement in the Lakhimpur Kheri violence case. The Court had rejected the police’s explanation that the witness did not come forward to record his statement and directed a senior officer to approach the complainant directly. Subsequently, the Assistant Superintendent of Police, Lakhimpur, traced Baljinder Singh at Muktasar in Punjab and recorded his statement. Based on that statement, the police registered an FIR under Sections 195‑A, 506 and 120‑B of the Indian Penal Code, 1860.
Status Report Filed by the State
During the hearing of Ashish Mishra’s bail plea, the State filed a status report detailing the progress of the investigation into the witness‑intimidation FIR. The report informed the Bench that the investigation had been completed and that no evidence had been uncovered to suggest the involvement of Ashish Mishra, his father Ajay Mishra, or any other persons named in the complaint. The Bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, recorded the contents of the status report on the record.
The report further noted that a chargesheet had been filed against one Amandeep Singh in connection with the alleged intimidation and that the competent court had taken cognisance of that chargesheet. However, with respect to the alleged role of Ashish Mishra, Ajay Mishra and other individuals, the investigation concluded that there was no basis to implicate them in the offence.
Court’s Observations and Directions
After considering the status report, the Bench granted the complainant, Baljinder Singh, a period of two weeks to file an additional affidavit in response to the police’s findings. The Court emphasized that the complainant would be afforded an opportunity to place any further material on record before the matter proceeded further. The Bench also reiterated that Ashish Mishra remains on bail as granted by the Supreme Court, and that the Court continues to monitor the progress of the principal trial relating to the Lakhimpur Kheri violence incident of 3 October 2021.