Neutral Citation No. - 2025:AHC:71362-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8617 of 2025 Petitioner :- Sanjay Bhargav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- Faizur Rahman,G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioner, learned counsel for the respondent No.4 and learned A.G.A. for the State-respondent and perused the material available on record. Learned counsel for the petitioner prays for the following reliefs:- "i. Issue a writ, order or direction in the nature of certiorari quashing the FIR dated 25.12.2024 in Case Crime No.0426 of 2024, under Section 352, 351(1) 64(1) of BNS, Police Station Sarai Akil, District Kaushambi. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the FIR dated 25.12.2024 registered as Case Crime No.0426 of 2024, under Section 74, 352, 351(3) BNS, Police Station Sarai Akil, District Kaushambi." Learned counsel for the petitioner submitted that initially the FIR was filed against the petitioner was under Sections 74, 352, 351(3) of BNS, but subsequently implication under Section 64(1) of BNS has been made and petitioner has been exonerated under Section 74 of BNS. Learned counsel for the applicant submitted that petitioner is a married man having three children and he has been falsely been implicated in this case. The victim has falsely implicated other persons also on similar allegations also and she herself has been sent to jail twice. Learned counsel for the respondent No.4 submits that the allegations made by the petitioner against respondent No.4 are false. The petitioner himself has a criminal history of one case under Section 376 IPC, and reply, learned counsel for the petitioner submits that this case is ended and petitioner has acquitted in that case. He further submitted that investigation in the FIR is already going on. In view of the above, the writ petition is disposed of directing that petitioner shall not be arrested till cognizance is taken by court on police report under Section 173(2) Cr.P.C. Order Date :- 5.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad