HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22260 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Supplementary affidavit filed by the petitioner is taken on record. Heard the counsel for the petitioner and the A.G.A. representing the respondent nos. 1 and 2. The present petition has been filed for the following reliefs:- "1. To, issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 18.09.2025 lodged against the petitioner, which has been registered as the Case Crime No. 296 of 2025 u/s 316(5) BNS, PS Fatehpur Sikri, District Agra. 2. To, issue a writ, order or direction in the nature of mandamus commanding the respondent No. 3 not to arrest the petitioner in connection with Case Case Crime No. 296 of 2025 u/s 316(5) BNS, PS Fatehpur Sikri, District Agra until the conclusion of investigation or until the submission of police report, if any, in the said case crime. And/or." It has been argued by the counsel for the petitioner that from the recitals in the first information report itself, no offence under Section 316(5) B.N.S. is made out against the petitioner. It has been further argued that by virtue of Section 105 of the U.P. Cooperative Societies Act, 1965, the prosecution of the petitioner has been prohibited without giving him any opportunity of hearing. The AGA has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioner shall not be arrested in pursuance to the first information report dated 18.09.2025 lodged against the petitioner, which has been registered as the Case Crime Versus Counsel for Petitioner(s) : Azhar Hussain, Ravitendra Pratap Singh Chandel Counsel for Respondent(s) : G.A. Rama Kant Sharma .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) No. 296 of 2025 u/s 316(5) BNS, PS Fatehpur Sikri, District Agra till submission of the police report under Section 193 of BNSS, 2023. September 26, 2025 Vipasha CRLP No. 22260 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad