HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8364 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Prateek Tewari, learned counsel for the petitioner and the learned A.G.A. for the State-respondents. 2. The instant writ petition has been filed with the following prayer : "a. Issue a writ in the nature of Certiorari or any other writ or order or direction quashing the impugned FIR No.262/2025 dated 10.08.2025 lodged by the respondent no.4 under section 115(2), 110, 324(4) BNS at Police Station Auras, District Unnao against the petitioner, as contained in Annexure No.1 to the writ petition, b. 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 FIR No.262/2025 dated 10.08.2025 lodged by the respondent no.4 under section 115(2), 110, 324(4) BNS at Police Station Auras, District Unnao, c. In the alternative, issue a writ in the nature of Mandamus or any other writ or order or direction commanding the respondent no.1 and 2 to transfer the investigation of the FIR No.262/2025 dated 10.08.2025 lodged by the respondent no.4 under section 115(2), 110, 324(4) BNS at Police Station Auras, District Unnao to any other police station or independent investigating agency." 3. Learned counsel for the petitioner submits that though offences mentioned in the impugned first information report are having punishment below seven years therefore petitioner is entitled for the benefit of judgement of Apex Court in the case of Arnesh Kumar Vs. State of Bihar and Another reported in (2014) 8 SCC 273. However, since the petitioner had some altercation with police personnel of the concerned police station Versus Counsel for Petitioner(s) : A.Z. Siddiqui, Prateek Tewari Counsel for Respondent(s) : G.A. Om Prakash @ Pappu .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others .....Respondent(s) therefore he had preferred a representation to the Superintendent of Police, Unnao dated 18.08.2025 for transfer of the investigation to some other police station or any other independent agency, a copy of which has been annexed as Annexure-’6’ to the writ petition. On the said representation, Superintendent of Police, Unnao directed the Circle Officer, Bangarmau, Unnao to take impartial action but the same has not been done till date therefore, Superintendent of Police, Unnao/respondent no.2 be directed to consider and dispose of the representation of the petitioner as contained in Annexure No.’6’ to the petition, within stipulated period. 4. Learned A.G.A. has no objection to the request made by learned counsel for the petitioner. 5. Considering the order proposed to be passed, requirement of issuance of notice to the respondent no.4 is dispensed with. 6. Without entering into the merits of the case, the petition is disposed off with direction to the Superintendent of Police, Unnao/respondent no.2 to consider and decide the representation of the petitioner dated 18.08.2025 expeditiously, in accordance with law, within a period of two weeks from the date of receipt of a certified copy of this order and communicate the same to the petitioner. September 15, 2025 Rks. CRLP No. 8364 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench