Neutral Citation No. - 2025:AHC:133504-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17287 of 2025 Petitioner :- Mukesh Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Santosh Rai,J. Heard the counsel for the petitioners and the A.G.A. representing respondent nos. 1 & 2 The present petition has been filed challenging the First Information Report dated 12.07.2025 in Case Crime No. 392 of 2025, under Sections 77, 78, 137(2), 65(1), 126(2), 123, 352, 351(2) BNS, 4(2) POCSO Act, 3(2)(v) SC/ST Act, Police Station Modinagar, Gramin Commissionerate, Ghaziabad, District Ghaziabad. The first information report discloses that the only allegation against the petitioners, who are the family members of the main accused Rohit, is that they had scolded the informant and used derogatory language against her. The first information report does not disclose any abetement or conspiracy by the family members of the main accused regarding the offence under Sections 65(1) of the BNS. The petitioner no. 1 is the father of the main accused Rohit, the petitioner no. 2 is the mother of the main accused Rohit and the petitioner no. 3 is the younger brother of the main accused Rohit. The allegations regarding rape have been made only against Rohit and Nazim has been alleged to have threatened and coerced the prosecutrix / victim. There is no such allegation against the family members of the main accused. In view of the aforesaid and without expressing any opinion on the merits of the allegations made against the petitioners, we consider it appropriate in the interest of justice to dispose of this petition with a direction that the petitioners shall not be arrested in pursuance to the First Information Report dated 12.07.2025 in Case Crime No. 392 of 2025, under Sections 77, 78, 137(2), 65(1), 126(2), 123, 352, 351(2) BNS, 4(2) POCSO Act, 3(2)(v) SC/ST Act, Police Station Modinagar, Gramin Commissionerate, Ghaziabad, District Ghaziabad till submission of the police report under Section 193 of Bhartiya Nyaya Sanhita, 2023. It is clarified that the investigation on the allegations made in the first information report shall continue and this order shall not be treated as exonerating the petitioners from the allegations made against them in the first information report. It is also further clarified that the protection given through present order is applicable only for the petitioners and shall not be treated as any protection to the main accused - Rohit and Nazim. With the aforesaid directions, the writ petition is disposed of. Order Date :- 7.8.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad