HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22502 of 2025 Court No. - 49 HON'BLE VIVEK VARMA, J. HON'BLE MRS. GARIMA PRASHAD, J. 1. Sri Sunil Kumar Singh, Advocate has filed Vakalatnama on behalf of the informant-respondent no.3. The same is taken on record. 2. Heard learned counsel for the petitioners, Sri Sunil Kumar Singh, learned counsel for the respondent no.3 as well as Sri Sandeep Tripathi, learned brief holder for the State and perused the material on record. 3. The present writ petition has been filed with the prayer to quash the FIR dated 23.08.2025 in Case Crime No. 247 of 2025, under Sections 76, 115(2) 352, 351(2) B.N.S., Police Station- Lalauli, District-Fatehpur. 4. 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. 5. 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. Versus Counsel for Petitioner(s) : Manvendra Singh Counsel for Respondent(s) : G.A. Alok Singh And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. 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 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. 7. With the aforesaid observations, the instant writ petition stands disposed of. October 6, 2025 Lbm/- CRLP No. 22502 of 2025 2 (Mrs. Garima Prashad,J.) (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad