HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10741 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the respondents No.1 to 3 and Shri Rohit Kumar Tripathi, learned counsel appearing for the respondent No.4. 2. By means of the instant petition, the petitioner has raised a challenge to the F.I.R. bearing F.I.R. / Case Crime No.0393 of 2025, under Section 3(5), 103(1), 238 of B.N.S. now converted under Section 108 of B.N.S., lodged at Police Station Lambhua, District Sultanpur. 3. The contention of learned counsel for the petitioners is that an F.I.R. was lodged by the respondent No.4 under the provisions of Sections 3(5), 103(1) and 238 of B.N.S., 2023 but during the course of the investigation it emerges that the aforesaid offences are now converted under Section 108 of the B.N.S., 2023. 4. The contention is that in order to attract the provisions of Section 108 of the B.N.S., 2023, there has to be some ingredients of the said offence. 5. On the other hand, learned A.G.A. states on the basis of instructions that the investigation in the matter is still going on. 6. Considering the aforesaid and the fact that the F.I.R. was initially lodged under the provisions of Sections 3(5), 103(1), 238 of B.N.S., 2023 which are now converted under Section 108 of the B.N.S. and the investigation is still going on, the writ petition is disposed of with a direction to the respondent- Versus Counsel for Petitioner(s) : Rakesh Pathak, Vijay Pathak Counsel for Respondent(s) : G.A., Rama Soni, Rohit Kumar Tripathi Faujdar Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) authorities not to take any coercive action against the petitioners in pursuance to the impugned F.I.R. till submission of the final report / charge sheet. 7. It is needless to mention that the petitioners shall co-operate in the investigation, failing which, the benefit of this order shall not be made available to them. November 17, 2025 S. Shivhare CRLP No. 10741 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench