Neutral Citation No. - 2025:AHC-LKO:43070-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6700 of 2025 Petitioner :- Kamlesh Kumar Mishra Respondent :- Central Bureau Of Inves. / Anti Corruption Bureau Lko. Counsel for Petitioner :- Garima Rai,Purnendu Chakravarty Counsel for Respondent :- Anurag Kumar Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the C.B.I. 2. Present petition has been filed with the following main prayers: "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased: (i) issue a writ, order, or direction in the nature of Certiorari so far as it relates to petitioner for quashing the impugned First Information Report registered by CBI/ACB LUCKNOW as FIR No.RC0062025A0021, under sections 61(2) BNS 2023 r/w sections 7,8,9 and 10 of the PC ACT 1988(As amended in 2018) at Police Station CBI, ACB, Lucknow District Lucknow on dated 14.07.2025 contained in Annexure no. 1 to the writ petition; (ii) to issue a writ, order, or direction in the nature of Mandamus, commanding the Respondents not to proceed, prosecute, or arrest the Petitioner on the basis of the impugned First Information Report registered by CBI/ACB LUCKNOW as FIR No.RC0062025A0021, under sections 61(2) BNS 2023 r/w sections 7,8,9 and 10 of the PC ACT 1988(As amended in 2018)at Police Station CBI, ACB, Lucknow District Lucknow on dated 14.07.2025, contained in Annexure no. 1 to the writ petition;" 2. Learned counsel for the petitioner says that the petitioner is presently posted as Assistant Executive Engineer, Northern Railway, Lucknow and he is not even named in the FIR. The FIR has been lodged on the basis of some information being received by the respondent against 9 accused persons. After registration of FIR, C.B.I/A.C.B. team reached at the Northern Railways Office at Lucknow and intercepted and apprehended the persons allegedly involved in the offence mentioned in the FIR. The persons mentioned in the FIR were alleged to have indulged in corrupt and illegal practices and showing undue favour to railway contractors in passing of bills, sanctioning of deviation, grant of variation etc by taking huge bribes on regular basis. 3. Learned counsel for the petitioner further submitted that even otherwise, all the sections invoked against the petitioner carry a punishment up to 7 years and therefore he is entitled to the benefit of the judgment passed by the Hon'ble Supreme Court rendered in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. 4. Sri Anurag Kumar Singh has filed a counter affidavit on behalf of the C.B.I., duly sworn by Sri Piyush Verma, presently posted and working as Inspector of Police Anti-Corruption Branch, C.B.I. and in the said affidavit, it is stated that information was received regarding some public servants of Northern Railway extending undue benefits to certain Railway contractors. In Para 12 of the said affidavit, it is stated that during course of investigation, it has been informed that Sri Jimmy Singh, who was instructed by Praveen Kumar Singh, accused, to deliver bribe of Rs.7,00000/- (Seven Lakh Rupees) to Vivek Kushwaha, Deputy C.E.N., Gati Shakti, Northern Railways, Lucknow but he could not handover the bribe to Vivek Kushwaha but he disclosed that bribe of Rs.2,75,000/- (Two Lakh Seventy Thousand Rupees) was also meant to be given to Kamlesh Kumar Mishra @ K. K. Mishra, Assistant Executive Engineer, Gati Shakti, Northern Railway, Lucknow. In Para 14 of the said counter affidavit, it is also stated that during course of investigation, the bribe of Rs.80,000/-(Eighty Thousand Rupees) was recovered from the possession of one Ms. Anjum Nisha and Rs.2,50,000/- were recovered from Vivek Kushwaha and Kamlesh Kumar Mishra fled with the bribe of Rs.2,75,000/- received from Jimmy Singh. 5. It is also stated that a notice under Section 35 BNS was issued to Kamlesh Kumar Mishra on 16.07.2025 and served on his son at his residence, directing him to join the investigation and appear before the officer concerned on 18.07.2025 but he (the petitioner) has not co-operated in the investigation. 6. It has been argued by Sri Anurag Kumar Singh that the petitioner did not respond to the notice under Section 35 BNS that was served on his son at his residence and that he has also not disclosed this fact in the present writ petition, therefore, he is not entitled to protection of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. 7. Since investigation is still going on and the petitioner has not co-operated in the investigation, we dispose of this petition with a direction to the petitioner to approach the investigating officer concerned on 28.07.2025 at 02:00 p.m. and get his statement recorded. 8. Till 28.07.2025, the petitioner shall not be arrested in pursuance of the impugned FIR, however, if the petitioner fails to appear before the investigating officer on 28.07.2025, as directed by this Court, the respondents shall be at liberty to take any appropriate action against him which is permissible under the law. Order Date :- 25.7.2025 (Manoj K.) (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench