HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21657 of 2025 Court No. - 49 HON'BLE AJAY BHANOT, J. HON'BLE GARIMA PRASHAD, J. 1. The first information report records that the accused persons colluded in pilfering the milk from the milk tankers belonging to a renowned company. They also mixed water in the milk to make good the shortfall. 2. Learned A.G.A., on the basis of the case diary, informs that there is credible evidence against the petitioner and the petitioner is also a beneficiary of the aforesaid offence. 3. The aforesaid facts have been suppressed in the writ petition. The writ petition is liable to be dismissed on the ground of suppression of material facts. However, since a prima facie offence is disclosed against the petitioner, the writ petition is being dismissed. Pilferage and adulteration in food items has now become a menace for the society. This should be taken strictly so that the accused persons do not cheat justice. 4. Learned counsel for the petitioner relies on a judgment of a coordinate Bench of this Court in Criminal Misc. Writ Petition No.17378 of 2025 rendered in Brijesh Kumar vs. State of U.P. and others which is appended as Annexure-4 to the writ petition. 5. This Court in Brijesh Kumar (supra) had passed the following order; "Heard learned counsel for the petitioner; learned counsel for Versus Counsel for Petitioner(s) : Yadvesh Yadav Counsel for Respondent(s) : G.A. Balistar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) respondent and learned AGA for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 15.04.2025 registered as Case Crime No. 0087 of 2025 under sections- 316(5), 317(4), 61(2) B.N.S., Police Station- Nakhasa, District Sambhal, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner/petitioners shall not be arrested. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order." 6. Reliance on the aforesaid judgement is misconceived in as much as the Supreme Court in Neeharika Infrastructure Private Limited Vs. State of Maharashtra and others reported at (2021) 19 SCC 401 held as under; "The High Court shall not and as such is not justified in passing the order of not to arrest and/or "no coercive steps" either during the investigation or till the investigation is completed and/or till the final report/charge-sheet is filed under Section 173 Cr.P.C., while dismissing/disposing of the CRLP No. 21657 of 2025 2 quashing petition under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India." 7. The judgment of the coordinate Bench relied upon by the learned counsel for the petitioner is of no avail to the petitioner in view of the law laid down in Neeharika (supra) would prevail. 8. The writ petition is dismissed. October 13, 2025 Rakesh CRLP No. 21657 of 2025 3 (Garima Prashad,J.) (Ajay Bhanot,J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad