Neutral Citation No. - 2025:AHC-LKO:38978-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6016 of 2025 Petitioner :- Isha Mohammad And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Bharat Kumar Dixit Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. The present petition has been filed with the following prayer:- " ) Issue a writ, order or direction in the nature of Certiorari ⅰ thereby quashing the impugned First Information Report lodged by the opp. party no.3. against the petitioners on the basis of false and fabricated facts on 21-06-2025 at Case Crime No. 0159 of 2025, under section 333, 191(2), 352, 115(2), 351(3), 308(2), 309(4), 74 AND 324(2) BNS, Police Station Maharajganj, district Raebareli relates to the petitioners, contained in Annexure No.1 to this writ petition; and ii) Issue a writ, order or direction in the nature of Mandamus thereby restraining the opp. parties no.1 and 2 from taking any action against the petitioner in pursuance of the impugned F.I.R." 3. It has been submitted by the learned counsel for the petitioner that the F.I.R. is delayed by one month. The petitioner had initially lodged an F.I.R. against the informant on 15.5.2025 and the injury report regarding the lacerated wound having been suffered by the victim prepared by the Community Health Centre has also been filed as Annexure no. 3 to writ petition, therefore, as a counter blast the impugned F.I.R. has been lodged. 4. Learned A.G.A. has produced before this Court the instructions sent by Dinesh Goswami- Sub Inspector, Police Station- Maharajganj, District- Raebareli wherein it has been submitted that initially the F.I.R. was lodged by the informant under section 333, 191(2), 352, 115(2), 351(3), 308(2), 309(4), 74 and 324(2) BNS against 4-5 unknown persons. During the course of the investigation Section 308 (2)/309 (4) have been deleted. The instructions are kept on record. 5. Remaining sections for which the investigation is being carried out, entail punishment upto 7 years. 6. Accordingly, we dispose of this petition with a direction to the Investigating Officer to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 9.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench