Neutral Citation No. - 2025:AHC:73452-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8971 of 2025 Petitioner :- Ashish Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushpendra Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Pushpendra Singh, learned counsel for the petitioners and Sri Paritosh Malviya, learned counsel for the State-respondents and perused the record. 2. This writ petition has been filed with prayer to quash the impugned FIR dated 16.03.2025, registered as Case Crime No.0033 of 2025, under section 333, 109(1), 117(2), 352, 351(3) of B.N.S., Police Station Tindwari, District Banda. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Learned AGA for the State-respondents on the basis of instructions received states that against the petitioner no.1, three cases are also registered and he is already arrested. 4. Learned counsel for the petitioners states that he is not pressing the relief for the petitioner no.1-Ashish Yadav and prays that the petition on behalf of petitioner no.1-Ashish Yadav, may be dismissed as not pressed. 5. Accordingly, the writ petition is dismissed as not pressed for petitioner no.1-Ashish Yadav. 6. Learned counsel for the petitioners submits that so far as the petitioner no.2-Raju Yadav, is concerned, the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioner. 7. Learned AGA for the State-respondents states that the petitioner no.2-Raju Yadav, is having the credit of 10 criminal antecedents and he is a habitual offender. It is also submitted that in the alleged incident the informant has received serious injuries. 8. 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. 9. In view of the aforesaid circumstances, the instant writ petition for petitioner no.2-Raju Yadav, is dismissed leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law. 10. 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. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 6.5.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad