Neutral Citation No. - 2025:AHC-LKO:5994-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 607 of 2025 Petitioner :- Satyam Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others Counsel for Petitioner :- Anil Kumar Tripathi,Ajitanshu Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A., who appears for the State-respondent. This petition has been filed with the following prayers :- 1. Issue a writ order or direction in the nature of certiorari to quash the impugned first information report no. 0007 of 2025, under section 121, 309(4), 351(3) & 221 of BNS, Police Station Tanda, District Ambedkar Nagar, as contained in Annexure No.1 to this writ petition, in the interest of justice. 2. Issue a writ order or direction in the nature of mandamus commanding the opposite parties no. 2 and 3 not to arrest the petitioner in connection to the impugned first information report no. 0007 of 2025, under section 121, 309(4), 351(3) & 221 of BNS, Police Station Tanda, District Ambedkar Nagar. It is the case of the petitioner that as per the First Information Report lodged on 07.01.2025 at 14:40 hours against the petitioner and another co-accused, Manbodh Yadav, it has been alleged that on the evening of 06.01.2025, at about 5:00 P.M., a tractor-trolley loaded with wood near Aujipur Puliya No.6, within the territory of Hanswar Police Station, was seized by Van Daroga, Dharmendra Kumar and a Mali from the Forest Department, who is the first informant. The wood was from government forest and the tractor-trolley was taken to the Police Station, Hanswar. However, they were stopped on the way and, at the behest of the driver, Satyam Yadav, the petitioner herein, who had called one Manbodh Yadav, they allegedly snatched away the Mali's mobile phone and the loaded tractor was driven away towards Hanswar by the petitioner, Satyam Yadav, and one Manbodh Yadav. Learned counsel for the petitioner has submitted that the petitioner is the only driver of the alleged tractor. If the owner misbehaved with government officers and took away the tractor-trolley, the petitioner had no say in the matter. He is being falsely implicated. The petitioner is a student of M.S.C. Agriculture, and his exam is due on 25.01.2025, but he has been falsely implicated in this case. Having gone through the F.I.R., which narrates a detailed story of how the tractor-trolley was seized and was being taken to the Hanswar Police Station but was later waylaid and taken away by the accused, this Court finds good ground to interference in this matter as a cognizable offence is made out. A specific query was made to the counsel for the petitioner to indicate whether the Van Daroga had any personal enmity or personal axe to grind. The answer was in the negative. The writ petition is accordingly dismissed without prejudice to the legal remedy available to the petitioner under the law. Order Date :- 29.1.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench