Neutral Citation No. - 2025:AHC-LKO:47760-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7257 of 2025 Petitioner :- Suraj Bhan Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko And Others Counsel for Petitioner :- Rohit Tripathi,Ajay Shukla Counsel for Respondent :- G.A.,Awadhesh Yadav Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Rohit Tripathi, learned counsel for the petitioner, Sri G.D. Bhatt, learned AGA for the State-opposite parties no.1, 2 & 3 and Sri Awadhesh Yadav, who has filed Vakalatnama on behalf of opposite party no.4. Said Vakalatnama is taken on record. 2. This writ petition has been filed with following main reliefs:- "i. Issue a writ order or direction in the nature of CERTIORARI quashing the impugned First Information Report lodged by the Opposite Party No.4 on 20.05.2025, registered at Case Crime No. 0187/2025, under sections 92, 352, 333, 115(2), 3(5) B.N.S., at Police Station Fatehpur Chaurasi, District Unnao, as contained in Annexure No.1 to this writ petition, on the basis of compromise / Notary affidavit dated 04.07.2025, as contained in Annexure No.3 to this writ petition, in the interest of justice. ii. Issue a writ order or direction in the nature of MANDAMUS directing the Opposite Parties not to arrest the Petitioner on the basis of the impugned First Information Report bearing Case Crime No. 0187/2025, under sections 92, 352, 333, 115(2), 3(5) B.N.S., at Police Station Fatehpur Chaurasi, District Unnao, as contained in Annexure No.1 to this writ petition." 3. At the very outset, learned counsel for the petitioner has drawn attention of this Court towards Annexure No.3 of the writ petition, which is an affidavit of the complainant/ informant addressing to the Superintendent of Police, Unnao dated 04.07.2025 indicating therein that she had lodged the FIR against Suraj, Pradeep and Sarvesh on the ill advice of the others as she is not the eye witness and had not seen the incident but after knowing the fact, she is not willing to prosecute those accused persons. 4. Since the aforesaid affidavit has been submitted before the Superintendent of Police, Unnao and investigation is going on, therefore, it is upto the Investigating Agency/ Authority to submit police report, be it charge sheet or final report, after recording the statements of all accused persons as well as informant/ complainant. 5. Therefore, the petitioner shall appear before the Investigating Officer concerned on 20.08.2025 at 11:00 A.M. to record his statement, if the same has not been recorded as yet, and to cooperate in the investigation so that the police report could be filed, failing which the protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. 6. It is expected that till completion of the investigation and filing of the police report, the petitioner may not be harassed by the police. 7. The writ petition is disposed of accordingly. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.] Order Date :- 14.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench