Neutral Citation No. - 2025:AHC-LKO:42787-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6618 of 2025 Petitioner :- Nihal Ahmad And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Farhan Alam Osmany,Gayasuddeen,Mohd. Raziullah Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed by the petitioners with the following main prayer : "(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 14.07.2025 lodged by opposite party no.3 relate in Case Crime (FIR) No.308/2025, U/S-115(2), 126(2), 352, 351(3), 309(4), 308(5) B.N.S of 2023, Police Station- Dubagga, District-West Luknow (Commissionerate Lucknow) contained as Annexure No.1 to the writ petition. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners on the basis of impugned First Information Report dated 14.07.2025 lodged by the opposite party no.3 relate in Case Crime (FIR) No.308/2025, U/S- 115(2), 126(2), 352, 351(3), 309(4), 308(5) B.N.S of 2023, Police Station-Dubagga, District-West Luknow (Commissionerate Lucknow)." Learned A.G.A. has produced before this Court the instructions sent by Shri Jai Bahadur Rai, Sub Inspector, Kotwali Dubbga, District Lucknow wherein it has been stated that Sections 308(5) and Section 309(4) of BNS have been deleted during the course of investigation. Copies of such instructions as well as case diary are kept on record. This petition is disposed of with a direction to the Investigating Officer to conduct the investigation in accordance with the observations made by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 25.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench