HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8080 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. Heard, Shri Vijay Nath Pandey, learned counsel for the petitioner and learned A.G.A. This petition has been filed with the following prayers:- "(i) Issue a writ in the nature of Certiorari or any other writ or order or direction quashing the impugned First Information Report No.35/2025 dated 05.03.2025, u/s 309(4), 331(4) of BNS at P.S.Kaudiya, District-Gonda against the petitioner, as contained in ANNEXURE No.1 to the writ petition. ii. Issue a writ in the nature of Mandamus or any other writ or order or direction commanding the respondent no.2 not to arrest the petitioner in pursuance of the impugned First Information Report No.35/2025 dated 05.03.2025, u/s 309(4), 331(4) of BNS at P.S.Kaudiya, District-Gonda. iii. Issue any other writ or order direction, which this Hon'ble High Court in facts and circumstances of the case may deem fit, just and proper and nature of the case may admit of." Learned counsel for the petitioners submits that the impugned First Information Report was lodged against the unknown persons. The name of the petitioner has surfaced during investigation alongwith the other co- accuseds on the basis of statement of co-accuseds, against whom the charge sheet has been filed. He further submits that there is criminal history of seven similar cases against the petitioner, in which he is on bail in the cases. Versus Counsel for Petitioner(s) : Vijay Nath Pandey, Akanksha Awasthi Counsel for Respondent(s) : G.A. Shamsher .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Urban Development Lko. And 2 Others .....Respondent(s) Thus the submission is that the petitioner has falsely been implicated in the present case. Learned A.G.A. opposed the submission of learned counsel for the petitioner and submits that merely because the name of the petitioner has surfaced during investigation on statement of co-accused, it cannot be ground for quashing of F.I.R. Considering the submission of learned counsel for the parties and on perusal of the First Information Report the commission of offence cannot be ruled out and merely because the name of accused has surfaced during investigation and statement of accuseds, it cannot be a ground for quashing of the First Information Report. The plea or material placed by the petitioner cannot be considered at this stage by this court and can be considered in investigation in accordance with law. The writ petition is, accordingly, dismissed. September 8, 2025 Banswar CRLP No. 8080 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench