Neutral Citation No. - 2025:AHC-LKO:43692-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6778 of 2025 Petitioner :- Mohd. Kaleem Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Arshad Siddiqui,Shafaq Fatima Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of CERTIORARI be issued quashing the impugned FIR related to Case Crime No. 0462 of 2025, under Sections- 3(5), 115(2), 109, 352, 351(2) of Bhartiya Nyaya Sanhita, 2023 (Corresponding Sections- 34, 323, 307, 504, 506 I.P.C.) and Section 3(1) (DA), 3(1) (GHA), 3(2) (Va) of the SC/ST Act, P.S.- Kotwali, District- Barabanki, on dated 06.05.2025, contained as Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of MANDAMUS be issued commanding the opp. party not to arrest the Petitioner on the basis of the impugned FIR registered by Opp. Party no.4, Case Crime No. 0462 of 2025, under Sections- 3(5), 115(2), 109, 352, 351(2) of Bhartiya Nyaya Sanhita, 2023 (Corresponding Sections- 34, 323, 307, 504, 506 I.P.C.) and Section 3(1) (DA), 3(1) (GHA), 3(2) (Va) of the SC/ST Act, P.S.- Kotwali, District- Barabanki, on dated 06.05.2025 and also not to initiate any further proceedings in pursuance of the impugned FIR, contained Annexure No.1 to this writ petition." 3. It has been submitted by learned counsel for the petitioner that the injuries are simple in nature and due to malicious intent Section 109 of the B.N.S. has been invoked. 4. Learned A.G.A. for the State Respondents has produced before this Court instructions sent by Sri Sumit Tripathi, Circle Officer City, Barabanki wherein it has been stated that in paragraph-7 that the injured victim, namely, Anoop was medically examined and he has suffered several grievous injury on his head. 5. In the extracts of the case diary that has been sent reference of medico legal examination of the victim, namely, Anoop in District Hospital, Barabanki has been mentioned, there is one lacerated wound 4cm x 0.5 cm present in the right side of the forehead 1cm above the eyebrow, there is a contusion present on the right arm, there is abrasion on right side root of neck and complain of pain all over body. 6. It is evident from perusal of the instructions and copy of the case diary produced before this Court that there has been a commission of offence. The gravity of the injury shall be evaluated by the Trial Court, we do not wish to interfere at this stage. 7. The written instructions as well as copy of the case diary are kept on record. 8. Accordingly, the writ petition stands dismissed. Order Date :- 29.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench