Neutral Citation No. - 2025:AHC-LKO:42286-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6475 of 2025 Petitioner :- Munna @ Sadakat Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Suhail Kashif 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 thereby quashing the impugned first 1 information report lodged by the Opposite Party No.4 on 26.06.2025 vide Case Crime No. 0239 of 2025, U/s : 115(2),352,351(3) BNS and 3(1)(da), 3(1)(dha) Sc/St Act, lodged at Police Station: Tikait Nagar, District: Barabanki, as contained in Annexure No.1 to this writ petition, so far as it relates to the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party not to arrest or adopt any coercive measures against the petitioners on the basis of impugned first information report lodged by the Opposite Party No.4 on 1 26.06.2025 vide Case Crime No. 0239 of 2025, U/s: 115(2),352,351(3) BNS and 3(1)(da), 3(1)(dha) Sc/St Act, lodged at Police Station Tikai Nagar, District: Barabanki, as contained in Annexure No.1 to this t writ petiţion, so far as it relates to the petitioner." Learned counsel for the petitioner submits that all sections invoked against the petitioner carry a punishment of upto seven years, and therefore, he is entitled to the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. However, learned A.G.A. has produced before this Court the instructions sent by Shri Dharmendra Kumar, Additional Inspector, Police Station Tikaitnagar, District Barabanki dated 19.07.2025 wherein it has been stated that a charge sheet has been prepared against the petitioner, namely, Sadakat Ali alias Munna and other accused persons, namely, Guddu, Mohd. Nuren and Modhd. Shaharyar alias Arshad under Sections 115(2), 352, 351(3) of BNS and various sections of SC/ST Act and charge sheet no.213 of 2025 dated 11.07.2025 has been sent to the Additional Superintendent of Police South, Barabanki, Supervisory Authority. Learned counsel for the petitioner says that till date no charge sheet has been filed before the court concerned. Insofar as the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra) is concerned, it applies only when the investigation is ongoing. In this case the investigation has been completed and charge sheet has been prepared and submitted to the Supervisory Authority. We do not find it necessary to give the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra) as no investigation is pending before the Investigating Officer as on date. In the event that the Supervisory Authority is not satisfied with the charge sheet prepared and returns the matter to the Investigating Officer for further investigation, it is expected that the Investigating Officer will follow the observations made by Hon'ble Supreme Court in the case of Arnesh Kumar (supra). The writ petition stands disposed of. Order Date :- 23.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench