HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11636 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners, learned AGA for the State- respondent nos. 1 to 3 and Sri Aditya Vikram Shahi holding brief of Sri Gyan Sagar Gupta appearing for the respondent no. 4. 2. This writ petition has been filed with the following main reliefs: "(i) Issue a writ, order or direction in the nature of certiorari quashing impugned F.I.R. dated 5.10.2024 lodged vide Case Crime No. 0237 of 2024 Under Sections 34, 420, 465, 506 I.P.C. and 67-A of I.T. Act, Police Station-Patranga (Now Cyber Crime), District-Ayodhya, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of certiorari quashing impugned order dated 12.11.2025 passed by the learned Judicial Magistrate, Court No. 2, Ayodhya in Case Crime No. 0237 of 2024 Under Section 34, 420, 465, 506 L.P.C. and 67-A of I.T. Act, Police Station- Patranga (Now Cyber Crime), District-Ayodhya, contained as Annexure No. 4 to this writ petition. (iii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2 and 3 not to arrest the Petitioners on the basis of the impugned F.I.R. contained as Annexure No. 1 to this writ petition." 3. At the very outset, learned counsel for the petitioners states that he does not want to press prayer no. 2, therefore, so far as the prayer no. 2 is concerned, writ petition is dismissed as withdrawn. Versus Counsel for Petitioner(s) : Dinesh Kumar Mishra, Shashi Kant Mishra Counsel for Respondent(s) : G.A. Ehrar Ahmad And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others .....Respondent(s) 4. So far as the impugned FIR dated 5.10.2024 lodged vide Case Crime No. 0237 of 2024 under Sections 34, 420, 465, 506 I.P.C. and 67-A of I.T. Act, Police Station-Patranga (Now Cyber Crime), District-Ayodhya is concerned, learned counsel appearing for the contesting parties state that all the said offences carry a sentence upto seven years and the petitioners would be entitled to the benefit of a judgement rendered by Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273. 5. 5. However, learned counsel for the petitioners states that as proceedings under Section 82 Cr.P.C. have been initiated, as such, the petitioners are willing to appear before the Investigating Officer on any convenient date which has been suggested as 19.12.2025 and till then no coercive action be taken against them. 6. The aforesaid statement of the learned counsel for the petitioners has been recorded. 7. Accordingly, writ petition is disposed of with a direction that the petitioners would be entitled to the benefit of a judgement rendered by Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273. 8. Until the petitioners appear before the Investigating Officer on 19.12.2025, no coercive action shall be taken against them. 9. However, the petitioners shall cooperate in the investigation and in case the petitioners fail to appear before the Investigating Officer on 19.12.2025, the benefit of this order shall not be available to them. December 15, 2025 AKK CRLP No. 11636 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench