Neutral Citation No. - 2025:AHC-LKO:36781-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5556 of 2025 Petitioner :- Sapna Dubey And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Shankar Lal Pandey,Abhishek Shukla,Manoj Kumar Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the parties and perused the record. 2. The present writ petition has been preferred with the following prayers :- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report lodged by the opposite party No.4 bearing First Information Report No.121 of 2025, under Sections 115 (2), 352, 351 (3) BNS and Section 3 (1 ) (Da), 3 (1) (Gha), 3 (2) (va) of SC and ST Act, police station Jamo, District Amethi on 03.06.2025 at about 20:00 Hours (Contained as Annexure No-1), in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties 2 and 3 not to arrest the petitioners in pursuance of impugned First Information Report lodged by the opposite party no.4 bearing First Information Reprt No.121 of 2025, under Section 115 (2), 352, 351 (3) BNS and Section 3 (1) (Da), 3 (1) (Gha), 3 (2) (va) of SC and ST Act, police station Jamo, District Amethi on 03.06.2025, at about 20:00 Hours (contained as Annexure No-1), in the interest of justice." 3. The submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35 BNSS. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017, Writ Petition (Criminal) No. 156 of 2017, Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147. 4. We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case. 5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 30.6.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench