Neutral Citation No. - 2025:AHC-LKO:36466-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5336 of 2025 Petitioner :- Yogendra Kumar Mishra, I.R.S Respondent :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And 3 Others Counsel for Petitioner :- Abhishek Singh Counsel for Respondent :- G.A.,Arun Pratap Singh,Ripu Daman Shahi Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Rejoinder affidavit filed by learned counsel for petitioner and Supplementary affidavit filed by learned counsel for informant are taken on record. 2. Heard Shri Raghvendra Singh, learned Senior Advocate assisted by Shri Abhishek Singh and Shri Amit Agrahari, counsel for the petitioner, Dr. V.K. Singh, learned Government Advocate assisted by Shri Anurag Verma, learned A.S.G.I. and Shri Shivendra Shivam Singh Rathore, learned State Law Officer (Crl.) and Shri R.D. Shahi, and Shri Arun Pratap Singh, learned counsel for the informant. 3. The present writ petition has been filed by the petitioner seeking quashing of the First Information Report dated 30.05.2025 registered as Case Crime No. 142 of 2025, under Sections 109(1), 121(2), 221, 324(3), 352, 351(3) of Bhartiya Nyaya Sanhita, 2023 and Sections 2 and 3 of Prevention of Damage to Public Property Act, 1984, Police Station Hazratganj, District Lucknow. 4. In terms of first information report it is alleged that on the date of incident, i.e. February, 2025, the petitioner came and initially disrupted the cricket match by lying down on the cricket pitch. It has been stated that by use of whatsapp, inappropriate messages were sent by the petitioner to the informant and on 29.05.2025, the petitioner hurled abuses. It is also alleged that in altercation the petitioner broke the glass which was kept him and attacked on the neck of the informant and also tried to take his laptop from the office. 5. Learned counsel for the petitioner further argues that in fact, the petitioner has also filed an application under Section 173(4) of Bhartiya Nagrik Suraksha Sanhita for initiating criminal proceedings against the informant on the allegation that it was the petitioner who was harmed in the incident which took place on 29.05.2025 at about 3.00 p.m. It is further argued that even if the allegations and the material collected so far are seen as a whole, no case can be said to be made out under Section 109 B.N.S. It is further argued that the entire proceedings are mala fide, inasmuch as, the petitioner, who was earlier working with the department, had initiated some benami inquiry, which was dropped by the informant to which, the petitioner was resisting and on account of the said fact, the present first information report in question has been lodged. He thus, prays that the petition is liable to be allowed and the petitioner is ready and willing to co-operate with the investigation. 6. Learned counsel for the respondents, on the other hand, opposes the prayer for quashing the FIR by arguing that the petitioner, being a Government Servant, had attacked another Government Servant in the Office, use of glass itself demonstrates a serious threat that was caused to the informant and considering the material on record including the complaint filed which clearly demonstrates that the incident took place, no case for quashing the FIR is made out. 7. Considering the submissions made at the bar and nature of allegations levelled, prima facie, no case for quashing the impugned first information report is made out. 8. The writ petition lacks merit and is dismissed. 9. The petitioner would, however, be entitled to apply for anticipatory bail or take any other measures as may be prescribed under the law, to protect his rights. Order Date :- 26.6.2025 Sazia (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad, Lucknow Bench