HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11270 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the respondents no.1 to 3. 2. In view of proposed order, notice to respondents no.4 and 5 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 14.08.2025 bearing FIR/Case Crime No. 0396 of 2025, under Sections 3(5), 109, 110, 115(2), 352, 126(2) of B.N.S., 2023, Police Station- Gosainganj, District Sultanpur. 4. The contention of learned counsel for the petitioner is that the aforesaid FIR has been lodged on 14.08.2025 against named accused and certain unnamed accused. The name of the petitioner did not find place in the said FIR. 5. Subsequently on the basis of statement of the complainant recorded on 01.10.2025, a copy of which is Annexure-5 to the petition, as well as the statement of the independent witnesses recorded on 04.11.2025 and 27.10.2025, copies of which have been filed cumulatively as Annexure-6 to the petition, the name of the petitioner has emerged. 6. The contention is that once the petitioner was never named in the impugned FIR consequently there cannot be any occasion of the Versus Counsel for Petitioner(s) : Ravindra Shukla Counsel for Respondent(s) : G.A. Kishan Kumar Gaur @ Kishan Gaur .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home, Civil Sectt. Lko. And Others .....Respondent(s) complainant roping in the petitioner on the basis of the statement which has been recorded after a substantial period of time that too on the basis of the statements given by certain independent witnesses. 7. The further contention is that from perusal of the injury reports, copies of which have been filed as Annexures 8 and 9 to the petition, it emerges that there are only minor injuries which have been sustained by the victim. 8. On the other hand, learned AGA states that the investigation is still going on. However, the nature of injuries is not disputed by the learned AGA. 9. Considering the aforesaid, the writ petition is disposed of with a direction to the respondents authorities not to take any coercive action against the petitioner till some credible evidence emerges against him. 10. Needless to mention that the petitioner shall cooperate in the investigation. 11. It is also provided that in case the petitioner does not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. December 1, 2025 A. Katiyar CRLP No. 11270 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench