HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20740 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the petitioners; Sri Abdul Majid, learned counsel for the respondent no. 4 and learned A.G.A. for the State and perused the record. 2. By means of the present writ petition under Article 226 of the Constitution of India, the petitioners is assailing the legality and validity of the FIR dated 28.08.2025 lodged in Case Crime No. 987 of 2025, under Sections- 191(2), 191(3), 190, 352, 109, 118(1), 351(2) B.N.S., Police Station- Baradari, District- Bareilly. 3. The contention of learned counsel for the petitioners is that no offence against the petitioner no. 2 is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the petitioners involve factual disputes and appraisal of evidence. 4. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioner no. 2 at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under article 226 of Constitution of India. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 5. The prayer for quashing the FIR of the aforesaid case is refused. Versus Counsel for Petitioner(s) : Dhirendra Kumar, Rakesh Pati Tiwari Counsel for Respondent(s) : Abdul Majid, G.A. Ikram And 3 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 6. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioner no. 2 appears before the court below within 60 days from today and applies for bail/anticipatory bail, his prayer for bail/anticipatory bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 7. With the aforesaid directions, this petition is finally disposed of. 8. For the period of 60 days no coercive actions shall be taken against petitioner no. 2. 9. However, in case, the petitioner no. 2 does not appears before the court below within the aforesaid period, coercive action shall be taken against him. 10. It is made clear that the petitioner no. 2 will not be granted any further time by this Court for surrendering before the court below as directed above. 11. Regarding petitioner nos. 1, 3 and 4 with regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 12. 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. 13. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner nos. 1, 3 and 4 shall not be arrested. 14. In case of non-cooperation with the police investigation by the petitioner nos. 1, 3 and 4, it shall be open for either of the respondents to file recall application of this order. September 23, 2025 Rohit CRLP No. 20740 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad