HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20357 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. The present writ petition has been filed challenging the impugned First Information Report dated 13.11.2024, bearing Case Crime No.1080 of 2024 under section 82(1) and 351(2) of B.N.S.S. registered at Police Station- Highway District- Hathras. It has been argued by the counsel for the petitioners that in view of Section 219 of the B.N.S.S., no first information report could have been registered against the petitioners under Section 82(1) of the B.N.S. and so far as the offence under Sections 82(1) and 351(2) of the B.N.S. are concerned, the aforesaid are non-cognizable offence, therefore, no police officer has the power to investigate such offences without the order of a Magistrate having power to try such cases or commit the cases for trial. It has been stated that there is no order of the Magistrate to any police officer to investigate the matter as required under Section 174(2) of the B.N.S.S. and further in light of Section 174(1), no first information report could have been registered and only an entry in the general diary could have been made by the police. The matter requires consideration. The A.G.A. represents respondent nos. 1 to 3. Issue notice to the opposite party no.4. The respondents may file their counter affidavits within eight weeks. Rejoinder affidavit, if any, may be filed by the petitioners within four weeks thereafter. Versus Counsel for Petitioner(s) : Abhiuday Mehrotra, Akash Singh, Santosh Kumar Singh Counsel for Respondent(s) : G.A. Paras Kumar Sengar And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) List after expiry of the aforesaid period before the appropriate Bench. Meanwhile, the petitioners shall not be arrested in pursuance of the First Information Report dated 13.11.2024, bearing Case Crime No.1080 of 2024 under section 82(1) and 351(2) of B.N.S.S. registered at Police Station- Highway District- Hathras, till the submission of charge sheet or till the disposal of the writ petition, whichever is earlier. The matter shall not be treated as tied up or part heard to this Bench. September 11, 2025 Satyam CRLP No. 20357 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad