HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22499 of 2025 Court No. - 49 HON'BLE VIVEK VARMA, J. HON'BLE MRS. GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner as well as Sri Suchit Tandon, 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 18.07.2025 in Case Crime No. 110 of 2025, under Section 3/7 Essential Commodities Act, Police Station- Mishrauliya, District- Siddharth Nagar. 3. Learned counsel for the petitioner submits that offence, complained of, is punishable only up to seven years and therefore, before effecting the arrest of the petitioner, 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 offence against the petitioner 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 the offence, complained of in the impugned FIR, is punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned FIR, it Versus Counsel for Petitioner(s) : Vijay Prakash Chaturvedi Counsel for Respondent(s) : G.A. Rahul @ Aman Agrahari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 6. With the aforesaid observations, the instant writ petition stands disposed of. October 6, 2025 Lbm/- CRLP No. 22499 of 2025 2 (Mrs. Garima Prashad,J.) (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad