HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7569 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Abhyuday Mishra, learned counsel for the petitioners, Sri Ramesh Kumar, learned AGA for the State and Sri Rajneesh Tiwari, learned counsel for opposite party No.4. 2. Learned counsel for the petitioners has filed supplementary affidavit enclosing therewith the statements of the petitioners, which have been submitted before the Investigating Officer, same is taken on record. 3. By means of this petition, petitioners have assailed the impugned FIR dated 30.05.2025 bearing FIR/Case Crime No.0434 of 2025, under Sections 319(2), 318(4), 316(2), 131, 352, 351(3), 61(2) of B.N.S., 2023 Police Station- Kotwali Nagar, District Gonda. 4. At the very outset, learned AGA has informed that the investigation is going on after lodging the FIR since 30.05.2025 and during the course of the investigation, some more sections have been added in purchas. However, the chargesheet has not been filed till date. 5. Learned counsel for opposite party No.4 has stated that the main accused Parmanand Tripathi @ Rahul has been arrested and is in judicial custody. He has also informed that some more sections have been added which are having punishment more than seven years, though he has admitted that no chargesheet has been filed till date. Versus Counsel for Petitioner(s) : Roop Gupta Counsel for Respondent(s) : G.A., Rajneesh Tiwari Akhilanand Tripathi And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) 6. Having considered the submissions of learned counsel for the parties and having perused the material available on record, since the impugned FIR has been lodged in those sections wherein the punishment is up to seven years and there is no allegation from the AGA to the effect that the petitioners are not cooperating in the investigation, therefore, the main object of the Investigating Agency should be to conduct and conclude the investigation properly subject to the proper cooperation of all the accused persons. If, the accused persons have filed their statement before the Investigating Officer, which has been enclosed with the supplementary affidavit, the appropriate exercise shall be carried out by the Investigating Officer. If, it is necessary in the interest of justice, the statement of accused persons would be recorded. In any case, the investigation may be conducted and concluded strictly in accordance with law with expedition and in the aforesaid FIR the dictum of Apex Court in re: Satender Kumar Antil vs. CBI and others and Arnesh Kumar vs. State of Bihar and another should be followed. 7. It is needless to say that if the petitioners do not cooperate in the investigation, the appropriate action may be taken which is permissible under the law. 8. In view of the aforesaid term, the writ petition is disposed of finally. 9. However, petitioners shall appear before the Investigating Officer on 12.09.2025 at 11:00 a.m. sharp to co-operate in the investigation and they shall further co-operate in the investigation proceeding till filing of the police report failing which protection of this order would be withdrawn on the application being moved by the prosecution or the informant. September 8, 2025 Reena/- CRLP No. 7569 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench