HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8776 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner and Sri Akhilesh Kumar Srivastava, learned Additional Government Advocate for the State-opposite party Nos.1 to 3. 2. In view of the order proposed to be passed, the notice to opposite party No.4 is hereby dispensed with. 3. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(1) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report lodged by the opposite party No.4 on 10.08.2025, registered as Case Crime No.0331 of 2025, under Sections 3(5), 109, 115(2), 352 & 351 (3) of B.N.S. at Police Station-Masauli, District-Barabanki, so far as it relates to the present petitioner, as contained in Annexure No.1 to the writ petition. (2) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties No.1 to 3 not to arrest or adopt any coercive measures against the present petitioner on the basis of the impugned First Information Report dated 10.08.2025 lodged by the opposite party No.4." 4. Learned Additional Government Advocate has produced a copy of instructions letter dated 15.09.2025 provided by Sri Raj Karan Singh, Sub- Inspector, Police Station-Masauli, District-Barabanki addressing to the learned Government Advocate, High Court, Lucknow. The same is taken on record. Versus Counsel for Petitioner(s) : Neetesh Kumar, Shashank Verma Counsel for Respondent(s) : G.A. Ramesh @ Suresh @ Suresh Chandra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) 5. Learned counsel for the petitioner has submitted that this is a case of free fighting between the parties, wherein the cross F.I.Rs. have been lodged from both the sides and both the sides have received injuries. He has further submitted that the injuries so received from other side are so minor, therefore, ingredients of Section 109 B.N.S may not be attracted and in other sections the punishment is upto seven years. 6. Be that as it may, since this is a case of cross F.I.Rs. wherein both the sides have received injuries, therefore, in such circumstances the impugned F.I.R. may not be set aside/ quashed under Article 226 of the Constitution of India. However, it is subject matter of investigation and it is needless to say that if the ingredients of Section 109 B.N.S. are not attracted, the Investigating Agency may delete such section. 7. It is further needless to say that the petitioner may file an anticipatory bail application before the Competent Court of Law/ Authority within a period of two weeks from today taking all pleas and grounds which are available with him, and if such application is filed by the petitioner, the same may be heard and disposed of on its own merit, strictly in accordance with law, with expedition. 8. Accordingly, the instant writ petition is consigned to record. September26,2025 Suresh/ CRLP No. 8776 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench