Neutral Citation No. - 2025:AHC-LKO:41554-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6299 of 2025 Petitioner :- Ramsingh Manjhi @ Ramsingh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Vaibhav Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 2. This Writ Petition has been filed with the following relief(s): "i. Issue a writ, order, or direction in the nature of certiorari thereby quash the impugned First Information Report dated 28.05.2025 lodged by the opposite party No.4 as F.I.R. No. 0116/2025, under Sections 340(2), 336 (3), 338, 318(4) and 61(2) of B.N.S. Act, 2023 and subsequent added Section 319 (2) of B.N.S., Act, 2023, Police Station-Maharajganj, District Ayodhya." 3. It has been submitted by learned counsel for the petitioner that a bare perusal of the F.I.R. would show that the allegation against the petitioner is that he has committed forgery by making of a forged Aadhar Card in the name of the informant in order to sell his property. 4. It has been submitted that the petitioner has not made any forged document. The offence, if any, regarding forged Aadhar Card being made out of the informant can be dealt with under Section 35 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, where penalty for impersonation of an Aadhaar number holder is only of imprisonment up to three years and fine which may be extended up to Rs. 10,000/-. 5. It has been submitted by learned counsel for the petitioner that the petitioner is entitled to the protection as given by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 6. Learned A.G.A. for the State has produced before this Court instructions sent by the Inspector/Investigating Officer of Police Station Mahrajganj, District Ayodhya, whereby it has been stated that the petitioner is a habitual offender and at least 13 F.I.R.s have been lodged against him by the members of general public, all relating to forging of documents/identity card etc to sell the land belonging to the illiterate villagers. The instructions are kept on record. 7. Without going into the merits of the case, set up by the petitioner regarding non-forging of the any documents, we are of the opinion that the petitioner is entitled to give the benefit of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 8. Accordingly, the writ petition is disposed of with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. (Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench