Neutral Citation No. - 2025:AHC:65140-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7816 of 2025 Petitioner :- Kasim Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.N.Singh,Manish Kumar Singh Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. Order on Amendment Application. 1. Amendment application has been filed today by learned counsel for the petitioner, is taken on record. 2. Learned counsel for the petitioner may carry out the necessary amendment within the course of the day. 3. Amendment Application is allowed. 4. Let the necessary amendment be carried out in the prayer clause of the writ petition within the course of the day. Order on Criminal Misc. Writ Petition. 1. Heard learned counsel for the petitioner, learned counsel for the respondent and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 01.02.2025, registered as Case Crime No. 30/2025, under section 111(3), 132/61(2) BNS and 3/4 Prevention of Damage to Public Property Act, Police Station Kotwali Kalpi, District - Jalaun and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. Learned counsel for the petitioner submits that initially he was implicated under Section 221/61(2) BNS but subsequently, he has been implicated under section 111(3), 132/61(2) BNS and 3/4 Prevention of Damage to Public Property Act. Counsel for the petitioner further submits that when initially, the petitioner was implicated under section 221/61(2) BNS, FIR ought not to have been lodged. Only complaint could have been filed. Hence, further implication of the petitioner has been made on account of ulterior motives to justify lodging of the FIR by the respondent no.3. Petitioner is not the owner of the vehicle, therefore, the allegation of sharing location is not made out against the petitioner. 4. Learned A.G.A. informs that police is investigating the allegations. 5. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 28.4.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad