HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23217 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Shiv Kumar Kesari, the learned counsel for petitioners and the learned A.G.A. for State respondents 1 to 3. 2. Perused the record. 3. Although, the prayer made in this writ petition is to quash the F.I.R. dated 11.08.2025 registered as Case Crime No. 0250 of 2025, under Sections 191(2), 115(2), 352, 351(3) Bhartiya Nyay Sanhita (B.N.S.) 2023, Police Station- Colonelganj, District- Prayagraj, but when the matter has been taken up, learned counsel for the petitioners has submitted that all the offences, complained of, are punishable up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 35 of B.N.S.S. be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 4. We have perused the F.I.R., which prima facie discloses the cognizable offence against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. 5. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned Versus Counsel for Petitioner(s) : Shiv Kumar Kesari Counsel for Respondent(s) : G.A. Mayank Jaiswal And Another .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 35 of B.N.S.S. and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with. 6. With the aforesaid observations, the instant writ petition stands disposed of. October 14, 2025 Sharad/- CRLP No. 23217 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad