HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21391 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. 1. The present petition has been filed challenging the impugned First Information Report dated 29.08.2025, registered as Case Crime No. 0235 of 2025, under Sections 352, 351(2) B.N.S., Police Station Babugarh, District Hapur. 2. It has been argued by the counsel for the petitioners that offences under Section 351(2) and 352 B.N.S. are non-cognizable, therefore, no investigation can proceed without permission of the concerned Magistrate and no F.I.R. can be registered. It has been stated at the Bar that no permission has yet been obtained by the concerned police from the concerned Magistrate and the proceedings violate Section 174 of B.N.S.S. 3. The matter requires consideration. 4. The A.G.A. represents respondent nos.1 to 3. 5. Issue notice to the respondent no.4. 6. The respondents may file counter affidavit within eight weeks. Rejoinder affidavit, if any, may be filed by the petitioners within four weeks thereafter. 7. List after expiry of the aforesaid period before appropriate Bench. 8. The matter shall not be treated as tied up or part heard with this Bench. 9. Meanwhile, further investigation in Case Crime No.0235 of 2025 shall remain stayed and no coercive action shall be taken against the petitioners in Versus Counsel for Petitioner(s) : Anuj Kumar Chaudhary, Ganesh Shanker Srivastava, Ravi Shankar Kanojiya Counsel for Respondent(s) : G.A., Rafiqa Anees Khan, Syed Mohd. Abbas Ali Mohit And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) pursuance to the first information report dated 29.08.2025 registering Case Crime No. 0235 of 2025, under Sections 352, 351(2) B.N.S., Police Station Babugarh, District Hapur. October 13, 2025 CS/- CRLP No. 21391 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad