Neutral Citation No. - 2025:AHC:138743-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17838 of 2025 Petitioner :- Kamlakar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Karunesh Pratap Singh,Shivam Kumar Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. Heard the counsel for the petitioner and the A.G.A. for the State. The present petition has been filed challenging the First Information Report dated 22.07.2025 in Case Crime No. 346 of 2025 under sections 64(2)(m), 352 B.N.S., 2023, registered at Station- Naini, District Yamunanagar (Commissionerate Prayagraj). It has been argued by the counsel for the petitioner that in the first information report, no allegations have been made against the petitioner except that the incident narrated in the first information report took place in the house of the petitioner. It has been argued that there is no allegation that the petitioner was either present or had collaborated with the accused in the commission of offence. The allegations of rape is against the named accused Ram Babu Nishad. It has been argued that however the concerned Investigating Officer is making every attempt to arrest the petitioner. It has been argued that the attempts by the police to arrest the petitioner is contrary to law. The AGA has opposed the petition. It would serve no useful purpose to keep the writ petition pending. The petition is disposed of with a direction that the petitioner shall not be arrested in pursuance to the First Information Report dated 22.07.2025 in Case Crime No. 346 of 2025 under sections 64(2) (m), 352 B.N.S., 2023, registered at Station- Naini, District Yamunanagar (Commissionerate Prayagraj) till submission of the police report under Section 193 of Bhartiya Nyaya Sanhita, 2023 provided the petitioner shall cooperate in the investigation of the case. In case, the petitioner does not cooperate in the investigation of the case, the State shall be at liberty to file a recall application for recall of the present order. Order Date :- 14.8.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad