Neutral Citation No. - 2025:AHC:36556-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2944 of 2025 Petitioner :- Shanker Yadav And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deena Nath,Deepak Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners 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 dated 10.10.2024 registered as Case Crime No. 0278 of 2024, under Sections 3(5), 3(6), 9(2)(b), 189(1)(a), 189(4), 191(2), 191(3), 190, 126(2), 127(2), 132, 121(1), 125, 109(1), 324(4), 352, 351(3), 61(2), 309(6) of Bhartiya Nyay Sanhita (BNS), 2023 and Section 7 of Criminal Law Amendment Act, 1932, P.S.- Barsathi, District- Jaunpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Although the prayer for quashing of FIR has been made, but without insisting on the same, only 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 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 and in 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 without interfering in the same, 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. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 12.3.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad