/11521/2025 of VISHVANATH AND OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS on 8 December 2025

1. Heard Learned counsel for the petitioners, learned AGA for the State and perused the record.

2. This petition has been filed by the petitioners with the following prayers:- "i. Issue a writ, order or direction in the nature of Certiorari quashing of the impugned first information report lodged by the complainant, registered at Case Crime No. 0331 of 2025, U/S- 338, 336(3), 340(2), 318(4) of B.N.S.-2023 (Corresponding Section-467, 468, 471, 420 I.P.C.), Police Station-Baldirai, District- Sultanpur, on 29- 10-2025 at about 24:24 hours, as contained in Annexure No. 1 to this writ petition in the interest of justice.

ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties specially police authority not to arrest the petitioners on behalf of the impugned first information report lodged by the complainant, registered at Case Crime No. 0331 of 2025, U/S- 338, 336(3), 340(2), 318(4) of B.N.S.-2023 (Corresponding Section-467, 468, 471, 420 I.P.C.), Police Station-Baldirai, District- Sultanpur, on 29- 10-2025, in the interest of justice."

3. Learned counsel for the petitioners has submitted that the petitioners are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

4. Learned counsel for the petitioners has next submitted that civil dispute is going on between the parties while the petitioners have illegally been dragged in criminal court by giving colour to the whole incident and as such, the impugned first information report is liable to be quashed. Versus Counsel for Petitioner(s) : Sudhakar Mishra, Gauri Singh Counsel for Respondent(s) : G.A. Vishvanath And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s)

5. Learned counsel for the petitioners has next drawn the attention of the Court to order dated 11.11.2025 passed by co-ordinate Bench of this Court in Cri. Misc. Writ Petition No. 10563 of 2025 (Kamlesh Kumar Mishra Vs. State of U.P. and 3 Others) and another order dated 18.11.2025 passed in Cri. Misc. Writ Petition No. 10901 of 2025 (Gayatri Vs. State of U.P. and 3 Others) filed against the same impugned FIR, wherein the writ petitions were disposed of with the direction that no coercive action shall be taken against the petitioners till any cogent/credible evidence is found against them.

6. Learned AGA has not been able to persuade this Court to take a different view as taken by this Court in the earlier order.

7. In view thereof, we dispose of the instant writ petition with the direction to the respondent nos.1 to 3 not to arrest the petitioners, unless any cogent/credible evidence is found against them.

8. It is made clear that the petitioners shall co-operate by all means in the on-going investigation.

9. In case, the petitioners fail to co-operate in the on-going investigation, they will not be entitled to receive the benefit of this order. December 8, 2025 Shravan CRLP No. 11521 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench