Neutral Citation No. - 2025:AHC-LKO:35156-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5045 of 2025 Petitioner :- Nisha Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Hari Om Rana,Jitendra Vikram,Santosh Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the parties. The instant petition has been preferred seeking following main relief(s):- "(i) issue writ order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 16-08-2024 lodged by the opposite party no.4 in case crime no. 0088/2024 u/s 419, 420, 467, 468, 471, 406, 504, 506 IPC registered at police station Ramganj, District-Amethi contained as Annexure No. 1 to this petition. (ii) To issue order a direction in the nature of mandamus commanding the opposite party no.2 and 3 not to arrest the petitioner in pursuance of the impugned First Information Report dated 16.08.2024 lodged by opposite party no. 4 in case crime no. 0088/2024 u/s 419, 420, 467, 468, 471, 406, 504, 506 IPC registered at police station Ramganj, District-Amethi, in the interest of Justice. (iii) Issue writ order a direction in the nature of mandamus thereby commanding and directing to the opposite parties no to take any action regarding the present F.I.R. nor to harass the petitioner mentally and physically without collecting any credible evidence against him as per the provisions of Cr P.C." After arguing the matter at some length, learned counsel for the petitioner states that he may be permitted to withdraw this writ petition with liberty to the petitioner to take recourse to the remedy available under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS"). Section 482 BNSS, referred, is extracted hereunder:- "482. Direction for grant of bail to person apprehending arrest.-(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub- section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023." Accordingly, the writ petition is disposed of with aforesaid liberty. However, it is directed that in case the petitioners approach the court of competent jurisdiction by way of moving appropriate application under Section 482 BNSS, the same shall be considered and decided in accordance with law, with expedition. [Syed Qamar Hasan Rizvi,J.] [Saurabh Lavania,J.] Order Date :- 10.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench