Neutral Citation No. - 2025:AHC:85116-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9710 of 2025 Petitioner :- Parveen And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Mishra Counsel for Respondent :- G.A.,Girish Tiwari Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Girish Tiwari, learned counsel for the informant. 2. This writ petition has been filed praying for the following reliefs: "(i) issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 24.4.2025 (Annexure No. 1) lodged by the respondent no.3 and registered as Case Crime No. 233 of 2025, under Section 111(3) BNS,2023 Police Station Katghar, District Moradabad. (ii) issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 for not to take any coercive action against the petitioner with regard to his arrest in pursuance of in Case Crime No. 233 of 2025, under Section 111(3) BNS,2023 Police Station Katghar, District Moradabad." 3. Learned counsel for the petitioners submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioners. 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 disposed of leaving it open for the petitioners 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 petitioners and the same are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law. Order Date :- 21.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad