Neutral Citation No. - 2025:AHC-LKO:36536-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5578 of 2025 Petitioner :- Nabiuddin Shafiuddin Khan @ Nabiuddin Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Utkarsh Misra,Abhishek Counsel for Respondent :- G.A. with Case :- CRIMINAL MISC. WRIT PETITION No. - 5356 of 2025 Petitioner :- Salahuddeen Khan @ Salahu Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Utkarsh Misra,Abhishek Counsel for Respondent :- G.A.,Pankaj Kumar Shukla Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners, learned AGA for the State and Shri Pankaj Kumar Shukla, learned counsel, who appears for respondent no.4. 2. Both the petitions arise out of the same case crime, therefore, they are being decided by a common order. 3. These two petition have been filed seeking quashing of First Information Report dated 05.06.2025 registered as Case Crime No.454 of 2025, under Section 319(2), 318(4), 338, 336(3), 340(2), 61(2), 352, 351(3) B.N.S., P.S. Kotwali Nagar, District Gonda. 4. It has been submitted by learned counsel for the petitioners that the impugned FIR has been lodged through an application under Section 173(4) of B.N.S.S. In the said application, it was alleged that the petitioner of Criminal Misc. Writ Petition No. 5578 of 2025, who is father of minor, has sold the property. It is further alleged in the application that in the mutation proceedings, the mother of the minor had appeared and the property was mutated in the name of the minor by virtue of a Will, however, the petitioner, being father, has sold the property. It is also alleged that the petitioner has married again and is living separately with his second wife. 5. Learned counsel for the petitioners submits that despite second marriage, it cannot be said that the petitioner would not be the guardian of minor. 6. In respect of petitioner of Criminal Misc. Writ Petition No. 5356 of 2025, the only allegation levelled against him is that he had introduced the purchaser to Nabiuddin. 7. Considering the allegations levelled, these petitions are disposed of holding that the petitioners shall not be arrested till filing of police report under Section 193(3) B.N.S.S., subject to their cooperation in the investigation. Order Date :- 26.6.2025 AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench