HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10138 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Ms. Suchita Tripathi, learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed seeking following main relief:- "i. to issue a writ, order/direction in the nature of Certiorari to quash the impugned first information report dated 29.03.2025 lodged at Case Crime No.0082/2025, u/s 191(2), 191(3), 190, 109(1), 352, 351(3), 121(1), 131, 132, 125, 3(5), 115(2) BNS (Old Sections 147, 148, 149, 307, 504, 506, 332, 352, 353, 336, 34, 323 I.P.C.) and 7 Criminal Law Amendment Act, 2013, P.S. Raniganj, District Pratapgarh, as contained as Annexure No.1 to this writ petition." 3. Learned counsel for the petitioner submits that on the basis of wrong and concocted story, the impugned F.I.R. has been lodged against about 150-200 persons and the police is searching the petitioner also for arrest, whereas the petitioner was not involved in the same and he is resident of a different village. She further submits that the petitioner had earlier approached this Court by moving a Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No.1185/2025, wherein protection was granted to the petitioner in view of law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. CBI and another; (2022) 10 SCC 51 by means of order dated 12.09.2025 but Section 109(1) B.N.S., 2023 has also been added, therefore, the petitioner Versus Counsel for Petitioner(s) : Suchita Tripathi, Raj Kumar Counsel for Respondent(s) : G.A. Vijay Kumar Saroj .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Respondent(s) is constrained to approach this Court. 4. She further submits that in an identical case of co-accused, a co- ordinate Bench of this Court has disposed of the petition with direction not to arrest the petitioner therein till submission of police report under Section 193(3) of B.N.S.S., 2023 and the petitioner may also be allowed the same benefit and he will co-operate in investigation. The order dated 23.06.2025 passed in Criminal Misc. Writ Petition No.5369 of 2025; Aqeel Ahmad Vs. State of U.P. and 3 Others, on reproduction, reads as under:- "1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. 3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.03.2025 registered as Case Crime No. 82 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3), 121(1), 131, 132, 125, 3(5), 115(2) B.N.S. and 7 Criminal Law Amendment Act, 2013, Police Station Raniganj, District Pratapgarh and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 4. Assailing the impugned FIR, learned counsel for the petitioner submits that general allegations have been levelled against a mob which gathered on the spot on the relevant date of incident. Submission is that the petitioner has no concern with the alleged incident and he is the resident of different village. It is also urged that there is no specific allegation against the petitioner, however the police is harassing the petitioner. It is also contended that ten members of the family of the deceased were arrested, out of whom six persons have already been granted bail and the petitioner has been falsely implicated in the matter and, therefore, the present petition has been filed. 5. Learned A.G.A. submits that during investigation, petitioner's photograph was clicked by using mobile phone and, therefore, he is wanted in the aforesaid case. CRLP No. 10138 of 2025 2 6. Considering the nature of allegations and submissions made, we are convinced that the petitioner is entitled for interim protection till conclusion of the investigation. 7. The instant writ petition stands disposed of with the direction that the petitioner shall not be arrested till submission of police report under Section 193(3) of B.N.S.S. 2023 subject to his co-operation in the pending investigation. " 5. Learned A.G.A. though opposed the submissions of learned counsel for the petitioner but he could not contradict the aforesaid submissions and also that the co-ordinate Bench has disposed of the petition of a co- accused with aforesaid direction. 6. Considering the order proposed to be passed, issuance of notice to opposite party No.4 is hereby dispensed with. 7. This petition is disposed of in terms of the order dated 23.06.2025 passed by co-ordinate Bench of this Court in Criminal Misc. Writ Petition No.5369 of 2025; Aqeel Ahmad Vs. State of U.P. and 3 Others and the petitioner shall also be entitled for the benefit granted therein subject to his co-operation in the investigation and, for the said purpose, he shall appear before the Investigating Officer concerned on 19.11.2025 at 11:00 AM and shall continue to co-operate further, if required. November 10, 2025 Saurabh CRLP No. 10138 of 2025 3 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench