HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21966 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. Criminal Misc. Exemption Application No. 1 of 2025 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2. The petitioner is exempted from filing the certified copy of the first information report dated 13.9.2025. 3. The application is, accordingly, allowed. Order on Petition 4. Although prayer made in this writ petition is to quash the First Information Report registered on 13.9.2025 as Case Crime No. 205 of 2025, under Sections 303(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3 of the Prevention of Damage to Public Property Act, Police Station - Ahraura, District - Mirzapur, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. We have perused the the First Information Report which prima facie discloses cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. Versus Counsel for Petitioner(s) : Himanshu Srivastava, Madan Lal Srivastava Counsel for Respondent(s) : G.A. Rama Shankar Dubey .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. We are of the view that no interference is warranted. 7. However, considering the fact that all offences, mentioned in the present case, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 8. It is expected of the Police not to harass the petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall cooperate in the investigation. 9. The writ petition is, accordingly, disposed of. October 9, 2025 PK CRLP No. 21966 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad