Neutral Citation No. - 2025:AHC-LKO:36809-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5593 of 2025 Petitioner :- Ved Prakash @ Driver (In Adhar Ved Prakash Mishra) Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko, And 3 Others Counsel for Petitioner :- Dinesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report No. 0132/2025, u/s 329(3), 326(e), 352, 351(2) B.N.S.S. registered at P.S. Tarabganj District - Gonda dated 17.05.2025 and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 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 41-A Cr.P.C. The petitioner has 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. (Shree Prakash Singh,J.) (Alok Mathur, J.) Order Date :- 30.6.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench