HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13361 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. The petition is filed with the following prayers:- "a) To issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction, quashing/setting aside the impugned order dated 17.09.2026 passed by the learned Additional Chief Judicial Magistrate, Court No. 4, Ghaziabad, in Case No. 533 of 2026, M/s Crossings Infrastructure Pvt. Ltd. through Vijay Kumar Sharma Vs. Manoj Kumar Gaur and others, under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Annexure No. 1A to this petition). b) To issue a writ, order or direction restraining Respondent No. 3 from registering any First Information Report against the Petitioners and/or from taking any coercive action whatsoever against the Petitioners in pursuance of the impugned order dated 17.09.2026." 3. Learned counsel for the petitioners submits that present petition was filed on the basis of an urgency mentioned before Hon'ble the Chief Justice which was allowed and the matter was placed before this Court today. When the matter was taken up today at 12:00 noon, this Court inquired from learned A.G.A. for the State whether First Information Report has been lodged in pursuance to the order of the court concerned, learned A.G.A. for the State sought time upto 2:00 p.m. to apprise the Court in this respect. When the matter was taken up after recess at 2:00 Versus Counsel for Petitioner(s) : Kriti Gupta, Rohan Gupta Counsel for Respondent(s) : G.A. Manoj Kumar Gaur And 5 Others .....Petitioner(s) State Of Up And 4 Others .....Respondent(s) p.m., learned A.G.A. for the State has informed that First Information Report has been lodged. Learned A.G.A. for the State fairly conceded that First Information Report has been lodged today at 1:30 p.m. after the query has been made from the concerned police station. 4. It is to be seen that in the present case impugned order is 17.9.2026 and direction was issued for lodging of First Information Report within two days. However, it has not been disclosed before this Court as to why the order was not immediately complied with by the S.H.O. concerned. The S.H.O. concerned has lodged the First Information Report only after A.G.A. enquired the police station concerned that whether First Information Report has been lodged or not. Such conduct of the police is not appreciated by this Court. The primary purpose is to defeat the right of the petitioner to approach this Court. This is not at all acceptable. 5. Be that as it may, since the First Information Report has been lodged in pursuance to the impugned order dated 17.9.2026, this Court leave it open for the petitioners to challenge the First Information Report before the Division Bench of this Court in accordance with law and for the aforesaid purpose, for a period of thirty days from today, the petitioners shall not be arrested. 6. With the aforesaid observation/direction, the petition is disposed of. September 21, 2026 VMA A227 No. 13361 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad