HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7907 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. Heard Sri Shanker Lal Pandey, learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed with following main prayer:- "i) issue a writ order or direction in the nature of Certiorari quashing thereby the impugned First Information Report dated 29.06.2025 having crime/FIR No.0191 of 2025, under Sections 137(2), 352, 351(3) B.N.S., 2023, registered at Police Station Aaspur Devsara, District Pratapgarh, contained as Annexure No.1 to this writ petition." Learned counsel for the petitioners submits that the petitioners, who are father and son, have been falsely implicated in the present case, whereas no offences have been committed by them. Even otherwise, the submission is that the victim has come to her home on 04.07.2025 on her own and visited the police station alongwith her father for recording her statement on 05.07.2025, thereafter, her statement has been recorded. Learned A.G.A. for the State, on the basis of instructions, does not dispute that the victim has returned her home on 04.07.2025 on her own and has appeared before the police station alongwith her father on 05.07.2025 and, thereafter, her statement has been recorded under Sections 180 and 183 B.N.S.S. He further submits that the victim has supported the prosecution case because, on her statement, Sections 115(2) Versus Counsel for Petitioner(s) : Shanker Lal Pandey Counsel for Respondent(s) : G.A. Vinay And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) and 65(1) B.N.S. alongwith Section 4(2) of the POCSO Act have been added against the petitioner No.2 and, accordingly, the investigation is going on against the petitioner No.2 only as per instructions. The said instructions are taken on record. Faced with above, learned counsel for the petitioners submits that the petition on behalf of petitioner No.2 may be dismissed as not pressed with liberty to avail appropriate remedy. However, he submits that since, as per instructions, no investigation is being conducted against the petitioner No.1, therefore, he is entitled for protection by this Court. Having considered the submissions of learned counsel for the parties and having perused the instructions, it is apparent that the investigation is not being conducted against the petitioner No.1, namely, Vinay S/o Shyamal Das and the investigation is being conducted only against the petitioner No.2 and no incriminating material has come against him till now, therefore, this petition is disposed of providing that till filing of police report under Section 173 (2) Cr.P.C., the petitioner No.1 shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number and with regard to the petitioner No.2, the petition is dismissed with liberty to avail the appropriate remedy as per law. However, the petitioners shall co-operate with the investigation. August 28, 2025 Saurabh CRLP No. 7907 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench