HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9895 of 2023 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Prateek Tiwari, learned counsel for the petitioner and learned AGA for the State. 2. This Court had passed the following order on 3.1.2024: "Heard. The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report dated 12.12.2023 bearing F.I.R. No. 710 of 2023, under Sections 409, 420 IPC, Police Station- Gomti Nagar, District- Lucknow and for a direction to the respondents not to arrest the petitioners pursuant to the impugned FIR. The contention of the petitioners' counsel is that the dispute between the parties is purely civil of nature. In any case, the petitioners accept the agreement/undertaking given on 23.9.2023 by the company on behalf of the petitioners, copy of which is annexed as page 37 of the writ petition, in pursuance whereof they have to make payment of Rs. 25,000/- every month since October, 2023 which has been done. The installment of month of January, 2024 would also be paid in the account of the informant. Likewise, entire amount would be returned within one year as agreed in the document dated 23.9.2023 annexed at page 37 of the writ petition, therefore, the lodging of the FIR is nothing but an arm twisting exercise. Considering the aforesaid submission and also the statement of account annexed with the writ petition which corroborates the statement of the petitioners' counsel at least as regards the payment of Rs. 25,000/- or more in the account of opposite party no. 4 since October, 2023 till December, 2023, we provide that the petitioners shall not be arrested in pursuance to the First Information Report dated 12.12.2023 bearing F.I.R. No. 710 of 2023, under Sections 409, 420 IPC, Police Station- Gomti Nagar, District- Lucknow subject to the undertaking given before this Court as recorded hereinabove. In addition to the aforesaid, the petitioners' counsel offered to deposit Rs. 25,000/- towards the expenses of litigation for the opposite party no. 3. As soon as opposite party no. 3 appears, she shall be entitled to withdraw the aforesaid amount which is to be deposited by the petitioners within ten days. Versus Counsel for Petitioner(s) : Prateek Tewari, Raj Nath Singh Counsel for Respondent(s) : G.A., Raj Kumar Vishwakarma, Shailendra Kumar Tiwari Ali Akbar Raza And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. And Others .....Respondent(s) If the amount of Rs. 25,000/- as required to be deposited by the petitioners before this Court, is not deposited within the period prescribed, the benefit of this order shall cease to be available to the petitioners. Let notice be issued to the opposite party no. 3. Let the pleadings be exchanged within eight weeks. List thereafter." 3. Learned AGA on the basis of instructions dated 14.10.2025 received from Incharge, Inspector, P.S. Gomti Nagar, Lucknow, a photocopy of which has been placed before this Court and is taken on record, submits that charge sheet dated 31.12.2024 was prepared against the petitioner no. 1, Ali Akbar Raza, however, the name of petitioner no. 2, Santosh Kumar Singh, has been dropped. 4. In view of above, learned counsel for the petitioners submits that the writ petition may be dismissed as not pressed with liberty to approach the appropriate court in accordance with law. 5. The writ petition is accordingly dismissed with the aforesaid liberty. October 14, 2025 Fahim/- CRLP No. 9895 of 2023 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench