HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22729 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. Heard the counsel for the petitioner, the A.G.A. representing the respondent nos. 1 and 2 and Shri K.D. Awasthi representing the respondent no.3. The present petition has been filed for the following reliefs:- "i) Issue a writ, order or direction in the nature of certiorari to quash the F.I.R. dated 18.08.2025 registered as Case Crime No. 0366 of 2025 under section 191(2), 333, 352, 324(4), 115(2), 109, 351(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Bidhuna, District-Auraiya. (Annexure No.1 to the writ petition). b) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to not arrest/harass the petitioner in pursuant to F.I.R. dated 18.08.2025 registered as Case Crime No. 0366 of 2025 under section 191(2), 333, 352, 324(4), 115(2), 109, 351(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station-Bidhuna, District- Auraiya." It has been argued by the counsel for the petitioner that no offence under Section 109 B.N.S. is made out from the documents submitted along with the application filed under Section 175(3) of B.N.S.S. It has been argued that there is no evidence of any injury to the son of the first informant, therefore, the first information report was got registered because of mala fide reasons only to harass the petitioner. The AGA has opposed the petition. In the circumstances of the case and after considering the rival arguments of Versus Counsel for Petitioner(s) : Anuj Datta, Shive Datta Yadav Counsel for Respondent(s) : G.A., Krishna Dutt Awasthi Tejas Kumar @ Shiva Yadav .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 18.08.2025 registered as Case Crime No. 0366 of 2025 under section 191(2), 333, 352, 324(4), 115(2), 109, 351(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Bidhuna, District-Auraiya till submission of the police report under Section 193 of BNSS, 2023. October 7, 2025 Vipasha CRLP No. 22729 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad