Neutral Citation No. - 2025:AHC-LKO:2217-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 218 of 2025 Petitioner :- Haseeb @ Ajay Kumar @ Ajay Nat Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Ramakar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This writ petition has been filed by the petitioner with the following main prayers : "To issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 15.10.2024 lodged by opposite party no.4 against the petitioner vide FIR No.278 of 2024, under Section 69 BNS, Police Station Jaisinghpur, District Sultanpur. To issue, a writ, order or direction in the nature of mandamus commanding the opposite party nos.1 to 3 to not to arrest the petitioner in pursuance of impugned First Information Report dated 15.10.2024 lodged by opposite party no.4 vide FIR No.278 of of 2024 under SEction 69 BNS, Police Station Jaisinghpur, District Sultanpur." It is the case of the petitioner that the story as mentioned in the F.I.R. is false and concocted and as per transfer certificate of Class-III of the petitioner, his date of birth is 10.02.2004 and at the time of alleged incident, the petitioner was aged about 17 years i.e. he was a minor. He has not developed any physical relation with the informant and a false story has been set up by the informant i.e. opposite party no.4. Learned A.G.A. has produced before this Court the instruction sent by the police station concerned alongwith a copy of the case diary and the statement of the victim recorded under Section 183 of B.N.S.S., 2023. The said instructions are taken on record. We are of the considered opinion that it is for the Trial Court to consider and get all evidence produced by either side before coming to the conclusion whether the petitioner has been falsely implicated. From a perusal of the F.I.R. and also the statement of victim recorded under Section 183 of B.N.S.S., 2023, we are of the opinion that the offence, as alleged, is prima facie made out and we cannot therefore interfere in this petition in the manner as prayed for. The writ petition is dismissed with liberty to the petitioner to approach appropriate forum after filing of the charge sheet. Order Date :- 13.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench