Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5664 of 2025 Petitioner :- Chandra Mani Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Shankar Lal Pandey,Abhishek Shukla,Lovekush Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned A.G.A. who appears on behalf of respondents no.1 to 3. Issue notice to respondent no.4. (i)Issue a writ, order or direction in the nature of certiorari thereby quash the impugned First Information Report lodged by the opposite party no.4 bearing First Information Report no.117 of 2025 under Section 281, 125 (b), 106, 324 (2) BNS, police station – Mohanganj, District Amethi on 07.5.2025 at about 15:56 Hours for the incident dated 05.05.2025 (contained as Annexure No-1), in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties no.2 and 3 not to arrest the petitioner in pursuance of impugned First Information report lodged by the opposite party no.4 bearing First Information Report No.117 of 2025, under Section 281, 125 (b), 106, 324 (2) BNS, police station Mohanganj, District Amethi on 07.5.2025 at about 15:56 hours for the incident dated 05.05.2025 (contained as Annexure no.1), in the interest of justice. It is the case of the petitioner that he is the owner of one Bolero Car no. UP 36 S 3913 from which the alleged incident took place on 05.5.2025. On 10.5.2025 petitioner has moved an application before the opposite party no.3 SHO police station Mohanganj, District Amethi regarding the return of his vehicle and also indicating that while returning from Itawa the tyre of the said Bolero Car burst as a result of which the driver lost control of the vehicle and the accident occurred. The petitioner was not driving vehicle. His driver Ritesh Pathak son of Sharan Pathak was driving the vehicle and he has also been arrested. Learned A.G.A. has produced before this Court instructions sent from Jitendra Kumar, S.I., police station – Mohanganj, District Amethi wherein similar facts have been mentioned and it has also been mentioned that the said driver Ritesh Pathak has been chargesheeted and charge sheet No. A- 127 dated 09.6.2025 has been submitted before the Supervisory authority. From the instructions that are on record, this Court finds no active role of the petitioner. The investigation is also completed. Since the petitioner is not accused and no charge sheet has been filed against him and the investigation has been completed, therefore, this Court deems it appropriate to grant protection to the petitioner from arrest till credible material is collected by the investigating officer against the petitioner. Such protection to the petitioner from arrest is conditional to the petitioner cooperating in the investigation. In case the petitioner refuses to cooperate in the investigation and not answers the questionnaire, if any, sent to him by the Investigating Officer then the State – respondents shall be at liberty to move an appropriate application for vacation of this interim order. This petition stands disposed of accordingly. Copy of the charge sheet is also taken on record. Order Date :- 1.7.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench