HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22594 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2. Although prayer made in this writ petition is to quash the impugned notice dated 13.09.2025, regarding Cyber fraud committed by using mobile number of the petitioner for transaction of Rs.3 lacs, on the account of FIR dated 25.08.2025, registered as Case Crime No.0027 of 2025, under Section 318(4) of BNS and section 66-D of The Information Technology Act, 2008, Police Station Cyber Crime Hapur, District Hapur, in which the applicant/petitioner is not named, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. We have perused the the First Information Report which prima facie discloses cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. 4. We are of the view that no interference is warranted. Versus Counsel for Petitioner(s) : Anuj Kumar Sharma, Santosh Kumar Singh, Syed Wajid Ali Counsel for Respondent(s) : G.A. Gyanendra Tiwari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. However, considering the fact that all offences, mentioned in the present case, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 6. It is expected of the Police not to harass the petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall cooperate in the investigation. 7. The writ petition is, accordingly, disposed of. October 28, 2025 VKG CRLP No. 22594 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad