Neutral Citation No. - 2025:AHC-LKO:7954-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 996 of 2025 Petitioner :- Gurushankar Yadav Alias Bablu Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Brijendra Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Heard the learned counsel for the parties. (2) This petition has been filed by the petitioner for the following main prayer:- "i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 26.02.2024 lodged by the Opposite party no.2 at Case Crime No.062 of 2024, Under Section 26 of Indian Forest Act, in Police Station Sandila, District Hardoi, against the petitioner & 12 other persons, so far it relates with the petitioner as contained in Annexure No.1 to this writ petition." (3) Learned counsel for the petitioner says that the offence mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment, therefore, a direction be issued to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. (4) Written instructions filed today are taken on record. (5) Learned A.G.A., on the basis of written instructions received by him from Shri Babban Ram, the Sub- Inspector of Police Station Sandila, District Hardoi, says that the Charge-sheet No.224/2024, dated 21.09.2024 has been prepared and sent to the Supervisory Authority against the petitioner for onward submission to the Court. (6) Since the Charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient 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. (7) The writ petition is dismissed with liberty to the petitioner to approach the Competent Court for raising his challenge to the Charge-sheet. Order Date :- 7.2.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench