Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 545 of 2025 Petitioner :- Sahdev Respondent :- State Of U.P. Thru. Prin. Secy. Home And 4 Others Counsel for Petitioner :- Shiv Pal Singh,Ambrish Kumar 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. who appears on behalf of State - respondents. This petition has been filed with the following main prayer :- i. Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 15.12.2024 lodged by the opposite party no.3/ complainant as FIR No.0482/2024, under Sections 70 (2), 137 (1) Kha, 351 (3) of BNS Act, 2023 & Sections 5 G/6 POCSO Act at police station Rupaidiha, District Bahraich, so far as it relates to the present petitioner, as contained in Annexure No.1 to the writ petition. ii. Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 15.12.2024 lodged by the opposite party no.3/ complainant as FIR No.0482/2024, under sections 70 (2), 137 (1) Kha, 351 (3) of BNS Act, 2023 & Sectioin 5 (G)/6 POCSO Act at police station Rupaidiha, District Bahraich, contained in Annexure No.1 to the writ petition. It is the case of the petitioner that the petitioner has been falsely implicated out of malicious intent as the petitioner's father in law had initially lodged FIR against the informant's son. A copy of such FIR No.0277/2024 has been filed as Annexure No.2 to the petition. During the course of investigation the brother of the informant - opposite party no.3 has also been arrested and charge sheet has been filed. Learned A.G.A. has produced before this Court copy of instructions along with copy of case diary. In the instructions it has been stated that during investigation the involvement of the petitioner was found and accused Kandhai Chauhan and Ganga Ram Chauhan have been arrested and sent to jail whereas the petitioner has been absconding. Learned counsel for the State respondent has produced before this Court copy of the case diary which includes statement recorded under Section 183 BNSS of the victim by the court concerned who was found to be 17 years old at the time when the incident took place. She had made specific allegations against the petitioner as well as Ganga Ram and Kanhai and has supported the prosecution case. We do not find it a good case to grant prayer as made in the writ petition. The instructions along with copy of the case diary are kept on record. Order Date :- 27.1.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench