Neutral Citation No. - 2025:AHC-LKO:35486-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5152 of 2025 Petitioner :- Harish Chandra Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. In compliance of earlier order of this Court dated 12.06.2025, Sri Shakeel Ahmad, Assistant Commissioner of Police, Kakori, Police Commissionerate, Lucknow, filed his personal affidavit, which is taken on record. 2. Considered the contents of personal affidavit of Sri Shakeel Ahmad, Assistant Commissioner of Police, Kakori, Police Commissionerate, Lucknow. The relevant paragraph nos. 5, 6, 7, 9, 10 & 11 are extracted hereunder:- "5. That it is respectfully submitted that the opposite party no. 5 Sri Prabhu Nath Prasad has given a complaint to the Commissioner of Police, Police Commissionerate, Lucknow against the petitioner in 'Janta Darshan'. 6. That on the said complaint, the Commissioner of Police, Lucknow has directed the A.C.P. Kakori to make an inquiry and take appropriate action in the matter "ACP Kakori ममामलले ककी जमाजांच कर उचचत कमाररवमाहही करर I 7. That in pursuance of aforesaid, a notice dated 12.05.2025 has bene issued to the complainant/opposite party no. 5 as well as to the petitioner/Harish Chandra Gautam for recording their statement and conducting a preliminary enquiry in the matter. 8. xxxxxxxx 9. That it is respectfully submitted that due to some over-sightedness, in the notice issued by the deponent, the relevant provision of Section 173 (3) of B.N.S.S. could not be mentioned. 10. That it is further respectfully submitted that in future the deponent would remain cautious and ensure that relevant provisions along with date and time for the appearance of the concerned persons, against whom notice is issued, would be mentioned in the notice. The intention of the deponent is only to carry out the directions of the superior officer and conclude a preliminary fact finding enquiry to ascertain as to whether the cognizable offence is made out or not, and thereafter an FIR would be register. Therefore, the present enquiry is a preliminary fact finding inquiry. 11. That it is respectfully submitted that the petitioner may be directed by this Hon'ble Court for recording his statement he will present in the office of the deponent/Assistant Commissioner of Police Kakori, Police Commissionerate-Lucknow on 18.06.2025 in between 10:00 to 02:00 p.m." 3. Upon due consideration of aforesaid as also the statement of learned Counsel for the petitioner that the petitioner would appear on the date fixed, the present petition is disposed of with direction to the petitioner to appear on the date fixed i.e. 18.06.2025 between 10 AM to 2 PM before the officer concerned, who shall record the statement of the petitioner and immediately thereafter the petitioner would be set free. 4. With the aforesaid, the petition is disposed of. Order Date :- 13.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench