HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22475 of 2025 Court No. - 49 HON'BLE VIVEK VARMA, J. HON'BLE MRS. GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioners as well as Sri Rishi Chaddha, learned AGA for the State and perused the material on record. 2. The present writ petition has been filed with the prayer to quash the FIR dated 27.08.2025 in Case Crime No. 489 of 2025, under Sections 115(2), 118(1), 352 B.N.S., Police Station- Modinagar, District- Ghaziabad. 3. Learned counsel for the petitioners submits that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Sections 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 4 We have perused the FIR, which prima facie discloses cognizable offences against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. 5. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, it is directed that the respondents authorities shall ensure that the Versus Counsel for Petitioner(s) : Ghazala Bano Quadri Counsel for Respondent(s) : G.A. Tarun @ Tejpal And Another .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) specific provisions contained in Sections 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with. 6. With the aforesaid observations, the instant writ petition stands disposed of. October 6, 2025 Sachin Mishra CRLP No. 22475 of 2025 2 (Mrs. Garima Prashad,J.) (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad