Neutral Citation No. - 2025:AHC-LKO:38995-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6007 of 2025 Petitioner :- Rahul Tiwari Respondent :- State Of U.P. Thru. Secy. Home Lko And 2 Others Counsel for Petitioner :- Deepak Kumar Pandey,Ajit Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1.Heard learned counsel for the petitioner as well as learned A.G.A. who appears for the State-respondents and perused the record. 2. The instant writ petition has been filed with the following prayers: "i. To issue a writ of Certiorari quashing the impugned F.I.R. lodged against petitioner vide Case Crime No. 0212/2025 under Sections 317(2), 317(4), 317(5), and 303(2) of BNS, 2023 at P.S. Vishweshwar Ganj, District Bahraich; ii. To issue a writ of Mandamus to Respondent No. 1 to 4, not to arrest the Petitioner in the Case Crime No. 0212/2025 under Sections 317(2), 317(4), 317(5), and 303(2) of BNS, 2023 at P.S. Vishweshwar Ganj, District Bahraich." 3. It has been submitted by learned counsel for the petitioner that the petitioner was not involved and has been falsely dragged on the basis of concocted story hatched with the connivance of the local police. Learned counsel for the petitioner further submitted that a perusal of the F.I.R. does not disclose the commission of any cognizable offence against the petitioner. The F.I.R. alleges that two individuals were identified during a police patrol, one of whom (the petitioner) allegedly escaped and a generator was recovered from the residence of the another accused. There is no specific evidence directly linking the petitioner to the alleged theft. It has been further submitted by the learned counsel for the petitioner that the co-accused Sukai has falsely mentioned the name of the petitioner. 4. We have gone through the contents of the F.I.R. and from the same we find that on the basis of information received from police informer, the police were on the look out of persons who were allegedly engaged in the theft of generators, batteries and motors. Two persons were arrested while one of them managed to escape. The other accused Sukai named that the petitioner, as a person who had managed to escape. On the pointing out of the accused recovery of generator were also made. 5. We do not find any good ground to show interference. 6. The writ petition stands dismissed. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025/Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench