Neutral Citation No. - 2025:AHC-LKO:6921-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 904 of 2025 Petitioner :- Sachin @ Amit Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Nitin Rastogi,Arun Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the records. This writ petition has been filed with the following prayers :- "(i) To issue a writ, order or direction in the nature of certiorari to quash the F.I.R. of Case Crime No.0367 of 2024 Under Section-74, 351(2), B.N.S. of 2023 Police Station Haidrabad, District-Lakhimpur Kheri as contained in Annexure No.1 to this writ petition. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners in Case Crime No.0367 of 2024, Police Station- Haidrabad, District-Lakhimpur Kheri. (iii) Any other suitable order or direction which this Hon'ble Court may deem fit just and proper in the favour of petitioners. (iv) Allow the writ petition with cost in favour of the petitioners." Learned counsel for the petitioners says that in all the sections, the petitioners carry punishment upto 7 years and therefore, they are entitled to the benefit of the Judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Learned A.G.A. has produced before this court the copy of instructions sent by Sri Hemant Katiyar, Sub. Inspector, P.S.-Haiderabad, district-Kheri dated 30-01-2025, wherein it has been stated that the investigation has been completed and section 115(2) of the B.N.S. has been added and the chargesheet bearing no. 25 of 2025 dated 26-01- 2025, has been sent to the supervisory authority for onward submission to the court concerned in due course. We find from the instructions that Lavkesh and Sachin, who are the petitioners no. 2 & 1 respectively, in this petition, both have been chargesheeted. Since the charge sheet has been prepared by the Investigating OfÏcer, it is presumed that sufÏcient evidence has been collected and filed with the Charge-sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. The writ petition is dismissed with liberty to the petitioners to approach the Competent Court for raising their challenge to the Charge-sheet. Order Date :- 31.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench