HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9983 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. This Court had passed the following order on 20.12.2024:- Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the record. By means of this petition, the petitioner has sought quashing of First Information Report dated 25.08.2024, bearing Case Crime/F.I.R. No.0280/2024, under Sections 126 (2), 324 (4), 324(5), 191(2), 115(2), 351(2), 351(3), 117 (2), 109 (1) of B.N.S.,2023, Police Station - Majhila, District - Hardoi. Submission of learned counsel for the petitioner is that petitioner is innocent and he has been wrongly implicated in the case due to oblique motive. Infact the incident shown in the F.I.R. was an accident between tractor and car. Learned counsel for the petitioner further submitted that initially the F.I.R. was lodged under Sections 126 (2), 324 (4), 324(5), 191(2), 115(2), 351(2), 351(3) of B.N.S., 2023 in which the maximum punishment is less than seven years but during investigation Sections 117 (2) and 109 (1) of B.N.S.,2023 has also been added. Learned counsel for the petitioner also submits that except the oral statements of the persons on spot that the accused were saying to kill the victim there is no other evidence and only on that basis Section 109 (1) has been added. In the given circumstances, case for consideration is made out. Issue notice to Respondent No.4. Steps to be taken within a week. Let the pleadings be exchanged within four weeks. Connect and list this case alongwith Criminal Misc. Writ Petition No.7036 of 2024. In view of the above, it is provided that till the next date of listing petitioner - Shivam Kumar Mishra Alias Shivam Mishra, shall not be arrested in pursuance to the impugned First Information Report dated 25.08.2024, bearing Case Crime/F.I.R. No.0280/2024, under Sections 126 (2), 324 (4), 324(5), 191(2), 115(2), 351(2), 351(3), 117 (2), 109 (1) of B.N.S.,2023, Police Station - Majhila, District - Hardoi, unless and until there is sufficient and cogent evidence is available against him regarding commission of the offence. He shall get their statement recorded before the Police as and when he is called. If he does not do so, then it can be made a ground for seeking vacation of this interim order." Versus Counsel for Petitioner(s) : Anoop Vajpayee, Atul Kumar Yadav Counsel for Respondent(s) : G.A. Shivam Kumar Mishra Alias Shivam Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 3 Others .....Respondent(s) 2. Learned AGA, on the basis of counter affidavit, which has been filed today and taken on record, submits that the Charge Sheet No.08/2025 dated 19.01.2025 has been forwarded in the matter against the four accuseds including the petitioner and the investigation against the remaining two accused is still pending, which could not be disputed by Sri Atul Kumar Yadav, learned counsel for the petitioner. However, he submits that the petition may be dismissed as not pressed with liberty to avail the appropriate remedy under the BNSS, in case it has still not been availed. To which there is no objection by learned AGA. 3. Dismissed accordingly as not pressed with liberty as aforesaid. November 7, 2025 Akanksha Sri/- CRLP No. 9983 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench