HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22960 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State respondents. 2. The instant writ petition has been filed by the petitioner with the prayer to quash the impugned First Information Report dated 03.03.2025, registered as Case Crime No. 11 of 2025, under Sections 316(2) BNS, Police Station Nai Ki Mandi, District - Nagar (Commissionerate Agra) and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. Learned counsel appearing on behalf of the petitioner has submitted 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(3) BNSS (41-A Cr.P.C). It is further submitted that the petitioner has been falsely implicated in the instant case and he could not be arrested without following the procedure under section 41-A Cr.P.C (Section 35(3) BNSS). 4. Learned counsel appearing on behalf of the petitioner has placed reliance 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) Versus Counsel for Petitioner(s) : Rajesh Kumar Singh Counsel for Respondent(s) : G.A. Gajendra Kushwah .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 5. 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 judgements are equally applicable to the facts of the instant case. 6. Accordingly, the instant petition is disposed of in terms of the judgements as noted above. October 16, 2025 RPD CRLP No. 22960 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad