Neutral Citation No. - 2025:AHC:131297-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16955 of 2025 Petitioner :- Mohammad Rafi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Prakash Prasad Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed challenging the impugned F.I.R. dated 12.05.2025 of Case Crime No. 426 of 2025, under sections 115(2), 351(2), 352, 191(2), 191(3), 190, 109 of Bharatiya Nyaya Sanhita, 2023, Police Station- Majhola, District- Moradabad. 3. It has been brought to the notice of this Court that the co- accused in the aforesaid case challenged the first information report in this Court through Criminal Misc. Writ Petition No. 12696 of 2025, which was disposed of by this Court by its order dated 17.06.2025. The order dated 17.06.2025 is reproduced below:- "Heard learned counsel for the petitioner; learned counsel for respondent and learned AGA for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 12.05.2025, registered as Case Crime No. 426 of 2025, under sections- 115(2), 351(2), 352, 191(2), 191(3), 190, 109 of B.N.S., 2023, Police Station- Majhola, District - Moradabad, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 90 days. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner/petitioners shall not be arrested. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order." 4. It has been brought to the notice of the Court that Mohammad Ali and Rehan @ Mohammad Rehan, who have been accused of firing at the complainant were granted protection by this Court through its order dated 17.06.2025 passed in Criminal Misc. Writ Petition No. 12696 of 2025. 5. The operative portion of the order dated 17.06.2025 passed by this Court is quoted below:- "During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner/petitioners shall not be arrested. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order." 6. In view of the aforesaid, the present petition has also disposed of in terms of the order dated 17.06.2025 passed by this Court in Criminal Misc. Writ Petition No. 12696 of 2025. Order Date :- 5.8.2025 Mayank Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad