Neutral Citation No. - 2025:AHC-LKO:36431-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5673 of 2025 Petitioner :- Brihaspati Sen Yadav @ Brihaspati Sen And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And 3 Others Counsel for Petitioner :- Umesh Chandra,Desh Raj Chaurasiya Counsel for Respondent :- G.A.,Sagar Singh,Shri Ram Maurya Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. Heard learned counsel for the petitioners, learned A.G.A. and Shri Sagar Singh, learned counsels for the respondents. The instant writ petition has been filed praying for quashing of the FIR No. 265 of 2025, under Sections 109, 352, 351(2), 351(3), 61(2) BNS 2023, Police Station Gosainganj, District Sultanpur. The contention of learned counsel for the petitioner is that the allegations against the petitioner with regard to offence under Section 109 BNS are not made out even if the allegations are deemed to be gospel truth. He placed reliance upon medical report which does not indicate any injuries akin to injuries specified for prosecution under Section 109 BNS. Even otherwise, all the offences are punishable for a term less than 7 years. Considering the mandate of Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 the present writ petition is disposed of by holding that the petitioner would be entitled to the benefit of judgement of Hon'ble Supreme Court in the case of Arnesh Kumar (supra). In case the involvement of the petitioner is not found prima facie under Section 109 BNS, no coercive action shall be taken against the petitioner in pursuance to the aforesaid FIR. Order Date :- 25.6.2025 J. K. Dinkar (Kshitij Shailendra,J.) (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench