Neutral Citation No. - 2025:AHC-LKO:42213-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6480 of 2025 Petitioner :- Raju @ Irshad @ Mama Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Petitioner :- Ganesh Kumar Gupta,Dhani Ram Verma Counsel for Respondent :- G.A.,Himanshu Nag,Kashi Prasad Tiwari Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A., who appears for the State-respondents as well as Shri Kashi Prasad Tiwari along with Shri Himanshu Nag, learned counsel for respondent no.4 and perused the record. 2. This writ petition has been filed by the petitioner with following main prayers: "I. Issue a writ order or direction in the nature of writ of Certiorari to quash the impugned First Information Report dated 31.5.25 ,lodged by the opposite party no.4, registered as F.I.R./Case Crime No. 0214 of 2025, Under Section 406, 419, 420, 467, 468, 471, 472, 506 and 120-B I.P.C, Police Station - Gudamba, District - Lucknow, in the respect of petitioner, which is contained in Annexure No.1 to the writ petition, in the interest of justice. II. Issue a writ of Mandamus or a writ, order or direction in the nature of writ of Mandamus commanding and directing the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 31.5.25 ,lodged by the opposite party no.4, registered as F.I.R. /Case Crime No. 0214 of 2025, Under Section 406, 419, 420, 467, 468, 471, 472, 506 and 120-B I.P.C, Police Station - Gudamba, District - Lucknow, in the respect of petitioner, which is contained in Annexure No.1 to the writ petition, in the interest of justice. III. Issue a writ of Mandamus or a writ, order or direction in the nature of mandamus commanding and directing the opposite party no 1 to 2 to ensure the free, fair and proper investigation of First Information Report dated 31.5.25 ,registered as F.I.R. / Case Crime No. 0214 of 2025, Under Section 406, 419, 420, 467, 468, 471, 472, 506 and 120-B I.P.C, Police Station Gudamba, District - Lucknow, under supervision of higher Authority/Police Officer, in the interest of justice" 3. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case only with malicious intention to harass him as respondent no.4 is a business rivalry. The impugned F.I.R. has been lodged after nine years of the alleged offence, which occurs sometime in the year 2016-17. 4. Learned counsel for the respondent no.4 has vehemently opposed the petition. 5. Learned A.G.A. has produced before this Court instructions sent by Shri Arpit Gupta, Sub Inspector, Police Station Gudamba, District Lucknow, wherein it has been stated that the petitioner has criminal history of two cases namely Case Crime Nos.0888 of 2007 and 0978 of 2007 registered at Police Station Safdarganj, Barabanki. It has also been stated in the said instructions that because of petitioner is continuously absconding and not cooperating in the investigation, Investigating Officer has applied to A.C.J.M., Lucknow for issuance of non bailable warrant and the A.C.J.M.-II, Lucknow has issued non bailable warrant against the petitioner on 10.07.2025, a copy of which has been enclosed with the said instructions sent by the police station concerned. 6. In view of the above facts and circumstances of the case, we dispose of this writ petition with direction to the petitioner to approach the magistrate concerned. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 23.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench