Neutral Citation No. - 2025:AHC-LKO:42086-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6358 of 2025 Petitioner :- Mohd. Kaif Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 3 Others Counsel for Petitioner :- Anoop Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayers : "(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 14.08.2022 lodged by the opposite party no.4 registered as FIR/Case Crime No.193 of 2022, under Sections 147, 307 I.P.C. at Police Station Paraspur, District Gonda. (ii) Issue a writ, order or direction in the nature of mandamus directing the opposite parties, not to arrest the petitioner in pursuance of the impugned First Information Report." The prosecution story as narrated in the F.I.R. is that on 14.08.2022 at about 10:30 A.M. the informant went to see his ancestral land in respect to which the case is already pending before the High Court. He found that the Masjid Committee had illegally constructed the wazookhana on the said land. The informant had moved an application at the concerned police station with regard to said encroachment. The police, however, did not take any action. In the meantime, when the informant went to his ancestral land, the petitioner and other accused persons allegedly attacked him with the intention to kill. It has been submitted by learned counsel for the petitioner that the petitioner is completely innocent and has been falsely implicated in this case. The petitioner had no involvement in the matter and at the time, when the impugned F.I.R. was lodged, he was a juvenile. Learned A.G.A. has produced before this Court the instructions sent by Shri Asgar Ali, Sub Inspector, Police Station Paraspur, District Gonda wherein it has been stated that on 13.08.2023 a charge sheet has been filed against 13 accused persons under Sections 147 and 307 I.P.C. and cognizance was taken on 28.10.2023 by learned A.C.J.M. (Junior Division), Court No.3, Gonda. Insofar as the petitioner is concerned, he has allegedly remained absconding for the past three years and he could not be traced, and therefore, no charge sheet could be filed against him and the investigation is still pending. Learned counsel for the petitioner says that the petitioner was only 15 years old at the time of incident in 2022 and he has not absconded. He is still residing in village Paraspur, District Gonda. The petitioner is directed to approach the oposite party no3/Station House Officer, Police Station Paraspur, District Gonda on 25.07.2025 along with the documents supporting his claim that he was 15 years old at the time of the incident. The opposite party no.3/Station House Officer, Police Station Paraspur, District Gonda shall record the petitioner's statement before the Magistrate concerned and in case it is found that the petitioner was a juvenie at the time of the alleged incident, the matter shall be placed before the Juvenile Justice Board, District Gonda expeditiously. The writ petition is disposed of. Order Date :- 22.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench