HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10120 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Sudeep Srivastava, learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed challenging the F.I.R. dated 12.04.2025 vide Case Crime No.0157 of 2025 under Sections 331(4), 305 (a) B.N.S, 2023, Police Station Gosainganj, District Sultanpur. 3. Learned counsel for the petitioners submits that due to an election dispute an F.I.R was lodged by the petitioners side against the side of respondent no.4 vide Case Crime No. 0373 of 2024 on 12.10.2024. The impugned F.I.R has been lodged in counterblast to the same. 4. Learned A.G.A on the basis of instructions submits that the petitioner no. 1 namely Kanhai @ Kanhaiya Nishad has already been arrested in connection with the two F.I.Rs. lodged against him bearing F.I.R.No. 133 of 2025 and 354/2025 at Police Station Gosainganj, District Sultanpur on 04.11.2025. He further submits that the impugned F.I.R has rightly been lodged in accordance with law, thus, the contention of learned counsel for the petitioners is misconceived. 5. Having considered the submissions of learned counsel for the parties and on perusal of the material placed on record, as well as the contents of the F.I.R., the commissioning of offence cannot be ruled out and the plea of the petitioner of counterblast also seems misconceived as the respondent no.4 is not the accused in the earlier F.I.R lodged by the petitioner as well as the fact that one of the petitioners has already been arrested, this Court is not inclined to quash the F.I.R vide Case Crime No.0157 of 2025 under Section 331(4), 305 (a) B.N.S, 2023, Police Versus Counsel for Petitioner(s) : Sudeep Srivastava, Rajendra Prasad Tripathi Counsel for Respondent(s) : G.A. Kanhai @ Kanhaiya Nishad And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Others .....Respondent(s) Station Gosainganj, District Sultanpur in view of the judgement passed by the Hon'ble Apex Court in the cases of Neeharika Infrastructure Private Limited vs. State of Maharashtra and Ors. reported in (2021) 19 SCC 401, State of Telangana vs. Habib Abdullah Jellani; (2017)2 SCC 779 and Muskan vs Ishan Khan (Sataniya) and Ors passed in Crl Appeal No.4752 of 2025. 6. Dismissed accordingly. November 10, 2025 Shahnaz CRLP No. 10120 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench