##PAGE1##

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 30309 of 2025

Santosh Dwivedi And Another

.....Petitioner(s)

Versus

State Of Up And 4 Others

.....Respondent(s)

Counsel for Petitioner(s) : Chandrasen Patel, Yash Tandon

Counsel for Respondent(s) : G.A.

In Chamber

HON'BLE RAJEEV MISRA, J.

HON'BLE SATYA VEER SINGH, J.

1. Heard Mr. D. K. Singh, the learned Senior Counsel assisted by Mr.

Yash Tandon alongwith Mr. Chandrasen Patel, the learned counsel for

petitioners and Mr. Patanjali Mishra, the learned Government Advocate

assisted Mr. Pramod Kumar Singh, the learned A.G.A. representing

State/respondents 1 to 5.

2. Perused the record.

3. Challenge in this writ petition is to the F.I.R. dated 18.12.2025 lodged

by first informant/ respondent 4, Station House Officer, Police Station-

Ashothar, District-Fatehpur and registered as Case Crime No. 0257 of

2025, under Sections 191 (2), 191 (3), 115 (2), 352, 351 (2), 270, 109 (1)

and 324 (4) BNS, Police Station-Ashothar, District-Fatehpur. In the said

F.I.R., petitioners have been nominated as named accused.

4. Mr. D. K. Singh, the learned Senior Counsel for petitioners submits

that the petitioners have come to learnt that during the pendency of

Investigation Section 109 (1) which is equivalent to Section 307 I.P.C.

has also been added. He contends that this addition made by the

Investigating Officer is over and above the basic prosecution case as

disclosed in the F.I.R.

5. It is then contended by the learned senior counsel that present criminal

prosecution of petitioners is malicious. On the complaint made by a

private person the work done by the petitioner 2 as Pradhan of Gram

CRLP No. 30309 of 2025

2

Panchayat was to be inspected. It is at this time that the alleged

occurrence took place. However, no complaint was made by any private

person. The F.I.R. giving rise to present writ petition has been lodged by

the police authority. No private person has made any complaint with

regard to any criminality as alleged in the F.I.R.

6. On the above conspectus, it is thus contended by the learned senior

counsel that the impugned F.I.R. is not only malicious but also an abuse

of the process of Court. He, therefore, submits that present F.I.R. is liable

to be quashed by this Court.

7. Per contra, Mr. Patanjali Mishra, the learned Government Advocate

representing State/respondents 1 to 5 has vehemently opposed the present

writ petition. He submits that since the F.I.R. discloses the commission of

a cognizable offence, therefore, no interference is warranted by this Court

in present writ petition.

8. It is further submitted by Mr. Patanjali Mishra that petitioners has

already approached the competent court of criminal jurisdiction by filing

an application for anticipatory bail, which is pending and 06.01.2026 is

the next date fixed in aforementioned anticipatory bail application. It is

thus contended by the learned Government Advocate that the petitioners

have availed parallel remedies, which is not permissible in law.

9. In rejoinder, the learned senior counsel for petitioners that since the

issue of personal liberty of petitioners is involved, therefore, the petitioner

have filed the present writ petition. The petitioners were legally advised to

apply for anticipatory bail but since during the pendency of application

for anticipatory bail an eminent threat of the arrest of the petitioners

emerged inasmuch as the F.I.R. was lodged on 18.12.2025 and just after

an expiry of a period of one week, the petitioners were declared

absconders vide order dated 26.12.2025 that the petitioners have

accordingly approached this Court. On the above conspectus, he therefore

submits that mala-fide on the part of the police authority is apparent on

the face of record. In case, the liberty of petitioners is not protected then

the petitioners shall suffer irreparable loss and injury.

10. Be that as it may having heard the learned senior counsel for

CRLP No. 30309 of 2025

3

petitioners, the learned Government Advocate representing

Sta