Neutral Citation No. - 2025:AHC:119094-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15570 of 2025 Petitioner :- Sarafat Ali And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Gautam Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioners and the A.G.A. representing the respondent nos. 1 and 2. The present petition has been filed for the following reliefs:- "a. To issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 08.03.2025, under Section 61 (2), 318 (4), 338, 336 (3), 340 (2). B. N. S. 2025, vides Case Crime No. 0122 / 2025, State V/s Sarafat Ali and others, Police Station - Chandpur, District- Bijnor. b. To Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned First Information Report dated 08.03.2025, under Section 61 (2), 318 (4), 338, 336 (3), 340 (2) B.N.S. 2025, vides Case Crime No. 0122 /2025, State V/s Sarafat Ali and others, Police Station - Chandpur, District- Bijnor." A perusal of the record shows that the recitals in the impugned first information report raise a dispute regarding the validity of the sale deed dated 18.11.2024 executed by the petitioner no. 1. The sale deed is a registered document. The validity of the said sale deed depends on the different shares in the property which vested in the predecessors in interest of the petitioner no.1 and the informant. The recitals in the first information report, prima faice, do not reveal any act constituting an offence under Sections 338, 336(3) and 340(2) of B.N.S. So far as other offences are concerned, the punishment is not more than seven years imprisonment. The AGA has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the first information report dated 08.03.2025, under Section 61 (2), 318 (4), 338, 336 (3), 340 (2). B. N. S. 2025, vides Case Crime No. 0122 /2025, State V/s Sarafat Ali and others, Police Station-Chandpur, District- Bijnor till submission of the police report under Section 193 of BNSS, 2023. Order Date :- 22.7.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad