Neutral Citation No. - 2025:AHC:116797-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15332 of 2025 Petitioner :- Abhinav Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Singh Parihar,Vipin Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents and perused the record. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.05.2025, registered as Case Crime No. 124 of 2025, under Sections 109, 352, 351(2) of B.N.S.-2023 and Section 9/25 of Arms Act, 1959 Police Station-Fatehgarh Kotwali, District-Fatehgarh (Farrukhabad), and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. The implication of petitioner is under Section 109 of B.N.S. Causing injury or not causing the same is not relevant. Intention to cause the murder is relevant. Intention of the petitioner was only to evade arrest by the police and they fired only to frighten the police. For implication under Section 109 of B.N.S, intention forms necessary ingredient of offence in any particular case. It necessarily precedes the act and should be discernible from the allegations on record, which is lacking in this case. 4. Petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C./193(3) B.N.S.S., by the court the respondents shall not arrest the petitioner pursuant to the aforesaid First Information Report subject to his cooperation in ongoing investigation. 5. In case, the accused person does not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this Court. Order Date :- 18.7.2025 Shivangi (Avnish Saxena, J.) (Siddharth, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad