HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7765 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Ms. Prashansa Singh, learned counsel for the petitioners, Mr. G.D. Bhatt, learned A.G.A. for the State-respondents and Mr. Vinod Kumar Pandey, advocate, holding brief of Mr. Surya Kumar, learned counsel for the respondent No. 4. 2. By means of this writ petition, the petitioners have prayed the following reliefs: "(i) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 12.08.2025 lodged by the opposite party no. 4/complainant as F.I.R. No. 0127/2025, Under Section-115 (2), 74, 309 (4) & 351 (3) of BNS Act, 2023, Police Station- Kumarganj, District-Ayodhya, so far as it relates to the present petitioners, as contained in Annexure No. 1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite parties not to arrest or harass the petitioners in pursuance of the impugned First Information Report dated 12.08.2025 lodged by the opposite party no. 4/complainant as F.I.R. No. 0127/2025, Under Section-115 (2), 74, 309 (4) & 351 (3) of BNS Act, 2023, Police Station-Kumarganj, District-Ayodhya, contained in Annexure No. 1 to the writ petition." Versus Counsel for Petitioner(s) : Prashansa Singh Counsel for Respondent(s) : G.A., Surya Kumar Krishna Dhar Upadhyay (In Fir Krishna Kumar Upadhyay) And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 3. Learned counsel for the petitioners has filed supplementary affidavit explaining the criminal history of some of the petitioners, which is history of some of the petitioners. The same is taken on record. 4. Learned counsel for the informant has stated that the criminal history of petitioner No. 2 has not been explained and petitioner No. 1is a gang leader, so Gangsters Act has also been imposed against the petitioner No. 1. 5. Learned A.G.A. has produced the copy of the instructions letter dated 20/08/2025 and 18/09/2025, which are taken on record. 6. As per the aforesaid instructions, during the course of the investigation, besides the sections under which the F.I.R. has been lodged, Section 7/8 of the POCSO Act has been added and on that aspect the investigation is going on carefully. 7. Having heard the submission of learned counsel for the parties and perused the material available on record, prima facie, the allegations constitute cognizable offense, therefore, the F.I.R. may not be quashed or set aside under Article 226 of the Constitution of India. However, it is always open for the petitioners to file anticipatory bail application before the competent court of law and if such application is filed, the same may be heard and disposed of on its own merit with expedition. 8. With the aforesaid observations, the petition is consigned to the records. September 19, 2025 (Manoj K.) CRLP No. 7765 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench