Neutral Citation No. - 2025:AHC-LKO:41914-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6432 of 2025 Petitioner :- Ankit Kumar @ Ankit Kumar Dhavri And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Raghvendra P. Singh,Mohd. Sheraj 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 Respondents. 2. This writ petition has been filed with the following main prayers:- "1. Issue a Writ, order or direction in the nature of CERTIORARI quashing the impugned F.I.R No. 0391/2025, U/s-106(1) BNS, P.S. Thakurganj, District- Lucknow, (As contained in the Annexure no.1). 2. Issue a Writ, order or Direction in the nature of MANDAMUS commanding and directing the opposite parties 2 & 3 not to proceed further against the Petitioner on the basis of the impugned first information report. (As contained in annexure No.1)" 3. It has been submitted by learned counsel for the petitioner that the petitioner is a sole proprietor of a duly registered firm by the name and style of "Anika Enterprises", which is engaged in cleaning and sanitation works and undertakes contracts from Municipal Authorities for cleaning nallas/drains etc. The petitioner's firm was awarded a contract by Nagar Nigam, Zone-6, Lucknow for cleaning of drainage works within its jurisdiction. The petitioner's firm cleaned the nalla/drain in the concerned area, but on 12.07.2025, an unfortunate incident occurred in which a person fell into the drainage and died due to drowning. Immediately thereafter, F.I.R. No. 0391 of 2025 dated 13.07.2025 under Section 106(1) of the BNS was lodged by one Executive Engineer alleging negligence on the part of the petitioner's firm in removing the slab of drain and putting it back which resulted in death of the victim. 4. It has also been submitted by learned counsel for the petitioner that the slabs of the drain were already broken and were in a disorderly manner at the time of taking possession of the work site. The petitioner's firm only cleaned the drain and put the slabs back in a same condition as found. Since there was no slab on the drain at the place where the young man fell to his death. The petitioner did not get any slab to place there. 5. It has also been submitted that another F.I.R. No. 0390 of 2025 has been lodged under Section 106(1) of the BNS by the widow of the deceased victim against the local Corporator. 6. We have gone through the F.I.R. No. 0391 of 2025 dated 13.07.2025 under Section 106(1) of the BNS lodged against the petitioner and also the F.I.R. No. 0390 of 2025 dated 13.07.2025 under Section 106(1) of the BNS against the local Corporator, Mr. C. B. Singh. We find no contradiction in the version of both the F.I.Rs. 7. We find from perusal of the impugned F.I.Rs. a case of criminal negligence is made out. We do not wish to interfere and grant the prayer in the writ petition. 8. Accordingly, the writ petition is disposed of with a direction to the Investigating Officer to connect F.I.R. No. 0391 of 2025 dated 13.07.2025 under Section 106(1) of the BNS with F.I.R. No. 0390 of 2025 dated 13.07.2025 under Section 106(1) of the BNS and conduct a comprehensive investigation. Order Date :- 22.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench