Neutral Citation No. - 2025:AHC:71969-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8889 of 2025 Petitioner :- Brijesh Kumar Patel Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kamlesh Shrama,Shitlesh Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This writ petition has been filed praying for the following reliefs: "I. a writ, order or direction in the nature of certiorari quashing the first information report dated 07.02.2025, in Case crime No.0049 of 2025, under section 3/25 Arms Act, Police Station Jiyanpur, District Azamgarh, during the pendency of the present writ petition (Annexure no.2). II. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the First Information Report dated 07.02.2025, in Case crime No.0049 of 2025, under (section 3/25 Arms Act, Police Station Jiyanpur, District Azamgarh, during the pendency of the present writ petition; III. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 and 2 to enquire/investigate the matter by the higher investigation Agency regarding the Case Crime number which is quoted herein below; i) Case Crime No.0049 of 2025, under section 3/25 Arms Act, Police Station Jiyanpur, District Azamgarh; ii) Case Crime No. 10 of 2025, under section 303 (2) B.N.S. and added section 317(2), Police Station Jiyanpur, District Azamgarh. iii) Case Crime No.543 of 2024, under section 303(2) B.N.S. and added section 317(2), Police Station Jiyanpur, District Azamgarh. iv) Case Crime No.463 of 2024, under section 331(4)/305 B.N.S. and added section 317(2), Police Station Jiyanpur, District Azamgarh. v) Case Crime No.23 of 2025, under section 331(4)/305 B.N.S. and added section 317(2), Police Station Jiyanpur, District Azamgarh. vi) Case Crime No.0021 of 2025, under section 331(4)/305 B.N.S. and added section 317(2), Police Station Raunapar, District Azamgarh. vii) Case Crime No.18 of 2025, under section 331(4)/305 B.N.S. and added section 317(2), Police Station Raunapar, District Azamgarh viii) Case Crime No.17 of 2025, under section 331(4)/305 B.N.S. and added section 317(2), Police Station Raunapar, District Azamgarh, in which the petitioner has been implicated by the police." 3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioner. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation and therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for interference with the impugned first information report. 6. The writ petition is dismissed leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law. 7. It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioner and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law. Order Date :- 6.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad