HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9718 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State- opposite party nos.1, 2 & 3. 2. In view of the order proposed to be passed, notice to opposite party no.4 is dispensed with. 3. By means of the present writ petition, the petitioner has challenged the First Information Report dated 12.09.2025 registered as Case Crime No.0551/2025, under Section 316(5) of B.N.S., Police Station- Madiyaon, District- Lucknow. 4. The contention of the petitioner is that apart from the fact that the F.I.R. has been lodged after a period of almost 7 years from the date of alleged incident which is said to be of July, 2018, the other aspect of the matter is that from perusal of the F.I.R., it emerges that the respondents themselves after carrying out a preliminary enquiry, have held Constable Pradeep Mishra to be responsible for submission of the case diary. The contention advanced is that the respondents in the preliminary enquiry arrived at the said finding and as such there cannot be any occasion for the respondents to proceed against the petitioner on the basis of the impugned F.I.R. 5. Learned A.G.A. has placed reliance on the statement of the erstwhile 'Dak Runner', Sub Inspector Surya Bhan Yadav to contend that it is the petitioner to whom the responsibility of the case diary had been assigned and he was also responsible for the same and consequently, the F.I.R. has correctly been Versus Counsel for Petitioner(s) : Arun Kumar Shukla, Babu Ram Shukla Counsel for Respondent(s) : G.A. Rajendra Prasad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others .....Respondent(s) lodged against him. 6. Considering the aforesaid as well as the delay in lodging the F.I.R. which is said to be of around 7 years and the fact that in the preliminary enquiry conducted by the respondents, it is another Constable who has been found responsible for submission of the case diary, the writ petition is disposed of with a direction to the respondents not to take any coercive action against the petitioner till submission of the charge-sheet or final report. 7. Needless to mention that the petitioner shall cooperate in the investigation. November 24, 2025 Abhishek Gupta CRLP No. 9718 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Abdul Moin,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench