Neutral Citation No. - 2025:AHC-LKO:36303-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5321 of 2025 Petitioner :- Awdhesh Kumar Dwivedi @ Awdhesh Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Diwakar Pratap Pandey Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. Order on I.A. No.NIL dated 24.06.2025: 1. The application seeks amendment. 2. The application is allowed. 3. Petitioner is permitted to make necessary amendment during the course of the day. Order on Writ Petition: 4. Present petition seeks issuance of a writ in the nature of certiorari quashing FIR No.0214 of 2025, under Sections 352, 131, 351(3), 115(2) of BNS and Section 3(1)(da), 3(1)(gha) of SC/ST Act, P.S. Lalganj, District Pratapgarh. 5. The main averment of learned counsel for the petitioner is that earlier an FIR was lodged at the instance of the worker of the petitioner being FIR No.189 of 2025 and as a sequel to the said, present FIR has been lodged after a substantial delay. 6. Considering the fact that the allegations against the petitioner are punishable for a term less than seven years, the petitioner is entitled for the benefit of the judgment in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, however, the petitioner apprehends that the police authorities may harass the petitioner on the ground that he is not cooperating with the investigation. 7. In view of the said apprehension, present petition is disposed off directing that the petitioner shall appear before respondent no.4/Station House Office, P.S. Lalganj, District Pratapgarh for recording of the statement on 06.07.2025. 8. The SHO shall be entitled to record the statement if he so desires and shall strictly comply with the mandate of the judgment of the Supreme Court in the case of Arnesh Kumar (supra). Order Date :- 25.6.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench