Neutral Citation No. - 2025:AHC-LKO:43090-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6763 of 2025 Petitioner :- Akshay Kumar Singh @ Akshay Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Abhishek, Utkarsh Misra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material placed on record. 2. This writ petition has been filed with the following main prayers :- "(i) Issue a writ, order or direction in the nature of certiorari quashing the FIR relating to FIR No. 0148 of 2025, under Sections 115(2), 352, 351(2), 324(2), 109(1) BNS registered at P.S. Nawabganj, District Gonda, same is contained as Annexure No. 1 to this petition in so far as it relates to the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner on the basis of the impugned FIR relating to FIR No. 0148 of 2025, under Sections 115(2), 352, 351(2), 324(2), 109(1) BNS registered at P.S. Nawabganj, District Gonda." 3. It has been stated by the learned counsel for the petitioner that initially an NCR was registered on 04.05.2025, in which, the petitioner was released on personal bond on 05.05.2025 by the Sub Divisional Magistrate, Tarabganj, District Gonda. Later on, NCR was converted into FIR by the Investigating Officer without any orders passed by the Magistrate. He has read out Section 174 of BNSS to say that such action by the Investigating Officer is impermissible. 4. We have gone through the Section 174 of BNSS in its entirety and the same is quoted herein below:- "174. Information as to non-cognizable cases and investigation of such cases. (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,- (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable." 5. We have also gone through Section 175 of BNSS and the instructions sent by Sri Vishwas Kumar Chaturvedi, Senior Sub Inspector, Police Station Nawabganj, District Gonda, wherein it has been stated that initially NCR No. 134 of 2025 was registered under Sections 115(2), 352, 351(2), 324(2) BNS against Shekhar Singh, Akshay Singh and Alpana Singh. Later on, medico legal examination report of the injured witness was perused and also statements of witnesses recorded and from the same it was evident that evidence under Section 109(1) of BNS was also committed and the same was added on 08.05.2025 and the section depicting the cognizable offence has been added after going through the medico legal examination report and the statements of the witnesses. The Investigating Officer is conducting the investigation and has issued at-least 10 parchis. The informant has been admitted to KGMU initially and later on referred to SGPGI, Lucknow. He has been discharged on 16.05.2025 but was again admitted in the Apollo Hospital, Dewa Road, Lucknow and was later on discharged on 20.05.2025. 6. We have gone through the FIR and also the instructions, which are taken on record, we find no good ground to interfere. The writ petition is accordingly dismissed. Order Date :- 25.7.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench