HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10431 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the respondents No.1 to 5, and Sri Veer Bahadur Lal Srivastava, learned counsel, who files counter affidavit on behalf of respondent no.6, which is taken on record. 2. Instant writ petition has been filed praying for a mandamus commanding the respondents not to compel the petitioner to give evidence in Case Crime No.0249 of 2025 under Sections 103(1), 61(2) of BNS (302 and 120-B IPC), Police Station Gudamba, District Lucknow. A further prayer is for a mandamus commanding the respondents no.1 to 4 to consider the case of the petitioner and summon the record of the investigation of the aforesaid case crime. 3. The argument of learned counsel for the petitioner is that an FIR vide Case Crime No.0249 of 2025 has been lodged on 24.06.2025 against certain persons but not against the petitioner. However, under the garb of the aforesaid FIR, the respondents authorities are harassing and compelling the petitioner to give evidence in the aforesaid case crime. 4. Responding, learned A.G.A. on the basis of instructions dated 11.11.2025 sent by the Station Incharge, Police Station Gudamba, Lucknow, states that the petitioner is the brother of accused Shiva Singh. The matter is being investigated and the petitioner has been called upon to Versus Counsel for Petitioner(s) : Manoj Kumar Dubey, Ashutosh Singh, Lalit Kishore Tiwari Counsel for Respondent(s) : G.A., Veer Bahadur Lal Srivasta Vishram Kumar Chauhan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others .....Respondent(s) record his statement. 5. Responding learned counsel for the petitioner states that the petitioner is perfectly willing to go for recording of his statement as and when the respondents authorities call him but there cannot be any occasion for the petitioner, who is a lawyer, to be harassed on the basis of the aforesaid FIR. 6. Considering the aforesaid, let the petitioner appear before the competent authority on 28.11.2025, the date mutually suggested by the learned counsels for the contesting parties. The petitioner would appear at 11.00 AM and his statement would be recorded. 7. It is further provided that no coercive action shall be taken against the petitioner in pursuance of the impugned FIR till any cogent/credible evidence is found against him. 8. Needless to mention that the petitioner shall cooperate in the investigation. In case of non cooperation, the petitioner will not be entitled to the benefit of this order. 9. The writ petition stands disposed of. November 13, 2025 A. Katiyar CRLP No. 10431 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench