Neutral Citation No. - 2025:AHC-LKO:41602-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6367 of 2025 Petitioner :- Raj Kumar @ Raj Kumar Tiwari And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Devendra Pratap Upadhyay Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the petitioners, learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. This petition has been filed by the petitioners with the following main prayers:- "i) Issue a writ of order or direction in the nature of certiorari thereby quashing the first information report No. 0200/2025 dated 27.06.2025 u/s 329(3), 115(2), 352, 351 (3), 118 (1) B.N.S 2023 registered at P.S Talgaon District Sitapur as contained as Annexure No. 1 to this writ petition in the interest of justice. ii) Issue a writ of, order or direction in the nature of mandamus commanding and directing to the police authority did not arrest to the petitioners on the basis of impugned first information report No. 0200/2025 dated 27.06.2025 u/s 329(3), 115(2), 352, 351 (3), 118 (1) B.N.S 2023 registered at P.S Talgaon District Sitapur contained as annexure No. 1 to this writ petition in the interest of justice." 3. It has been submitted on behalf of the petitioners that the petitioners have been falsely implicated in the present case and in fact they are the victim of the physical assault made by the informant and a copy of the prescription of the Community Health Centre, Parsendi, District Sitapur has been filed as Annexure No.2 to the petition. The photographs of the injuries caused to the petitioners have also been filed along with the writ petition. 4. On a specific query being made by the court with regard to whether the petitioners have lodged any F.I.R. on the basis of injuries/medico legal certificate regarding such injuries, the learned counsel for the petitioners says that the police are in connivance with the informant and have not registered any F.I.R. although they gave an application. A copy of application made by the petitioners to the S.H.O. of police station concerned dated 27.06.2025 has been filed as Annexure No.3 to the petition. 5. We direct the Station House Officer concerned to take appropriate action on the application, if any, received by him dated 27.06.2025. Further, in view of the Sections invoked against the petitioners, which carry a punishment of up to seven years, we dispose of this petition with the direction to the police authorities concerned 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. . [Subhash Vidyarthi, J.] [Mrs. Sangeeta Chandra, J.] Order Date :- 21.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench