HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8041 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. Heard, Shri Manvendra Mishra, learned counsel for the petitioner and learned A.G.A. This petition has been filed with the following prayers:- "i) Issue a writ, order or direction in the nature of certiorari thereby quash the impugned First Information Report lodged by the opposite party no.4 bearing First Information Report No.185 of 2025, Under Sections 115(2), 351(3), 352, 324(5) of B.N.S, Police Station-Aaspur Devsara, District- Pratapgarh lodged on 27.06.2025, at about 00:22 Hours, to the extent of the petitioners (Contained as Annexure No.1), in the interest of justice. ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the Opp.Parties 2 and 3 not to arrest the Petitioners in pursuance of impugned First Information Report lodged by the opposite party no.4 bearing First Information Report No.185 of 2025, Under Sections 115(2), 351(3), 352, 324(5) of B.N.S, Police Station-Aaspur Devsara, District-Pratapgarh lodged on 27.06.2025, at about 00:22 Hours (Contained as Annexure No.1), in the interest of justice. iii) Issue any other order or direction which this Hon'ble Court may deem fit just and proper under the circumstances of the case may also be passed in favour of the petitioners." Submission of learned counsel for the petitioners is that the petitioner no.1 is minor and the petitioner no.2 was not at the place of incidence as he was in Pune, Maharashtra at that time. He further submits that there are only minor injuries. Learned A.G.A. on the basis of instructions submits that Section 109 of B.N.S. has been added. Having considered the submissions of learned counsel for the parties and perusal of FIR commissioning of offence cannot not be ruled out and the plea of alibi and that the petitioner no.1 is minor cannot be considered by this court at this stage. However in regard to the same the petitioners are at Versus Counsel for Petitioner(s) : Durgesh Mishra, Abhishek Shukla, Manvendra Mishra Counsel for Respondent(s) : G.A. Prins Yadav And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) liberty to approach the concerned SSP/SP with the relevant material, who shall direct to the concerned Investigating Officer to consider the same in accordance with law. With the aforesaid the petition is disposed of. September 3, 2025 Banswar CRLP No. 8041 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench