Neutral Citation No. - 2025:AHC-LKO:41638-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6377 of 2025 Petitioner :- Mohd. Arif Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dinesh Kumar Ojha Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State/respondent nos.1 to 3 and Sri Abhishek Mishra, Advocate who has put in appearance on behalf of the respondent no.4 and filed his vakalatnama, which is taken on record. 2. The instant writ petition has been filed by the petitioner with the following reliefs: " i. Issue a writ order or direction in the nature of certiorari to quash the impugned First Information no. 310 of 2025, under section 109, 115(2), 351(2), 34 BNS dated 10.07.2025 Police Station Kotwali City, District Pratapgarh which is contained as Annexure No.1 to the writ petition, in the interest of justice. ii. Issue a writ order or direction in the nature of mandamus commanding the opposite parties no. 2 & 3 not to arrest the petitioner and not to take any coercive action against the petitioner in relation to the impugned First Information no. 310 of 2025, under section 109, 115(2), 351(2), 34 BNS dated 10.07.2025 Police Station - Kotwali City, District Pratapgarh, in the interest of justice. iii. Issue a writ order or direction in the nature of mandamus commanding directing to the opp. party no. 2 and 3 to conduct the investigation of the impugned First Information no. 310 of 2025, under section 109, 115(2), 351(2), 34 BNS dated 10.07.2025, Police Station Kotwali City, District Pratapgarh in fair and impartial manner." 3. It has been been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has been falsely implicated in the impugned F.I.R. It is a delayed F.I.R. against the petitioner and other accused persons as it has been lodged after eight hours from the time of alleged incident which took place at about 01.00 p.m. The distance of the scene of alleged crime is only one kilometer from the police station and the police picket is deployed at Sadar Chawk, Pratapgarh. 4. 4. It has also been submitted that the injured Yashovardhan Singh was medically examined on 10.07.2025 in District Hospital, Pratapgarh and as per medical report six injuries were found on his body, caused by hard and blunt object and such injuries are simple in nature. Therefore, Section 307 I.P.C. is not made out. 5. Whether the petitioner was involved in the alleged incident which lead to the injuries being caused to the victim is a question of trial on the basis of evidence which will be evaluated by the court concerned. 6. Insofar as the F.I.R. is concerned a cognizable offence is made out. Prima facie, we do not find any good ground to show interference taking into account the medical report submitted of the injuries caused to the victim. 7. The writ petition is disposed of accordingly. . [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