Neutral Citation No. - 2025:AHC:31352-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3482 of 2025 Petitioner :- Balvir Singh And 2 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Byas Kumar Prasad,Pradeep Kumar Keshri Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Mrityunjay Kumar, Advocate holding brief of Sri Byas Kumar Prasad, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. for State respondents. 2. This writ petition has been filed for quashing the impugned First Information Report dated 7.2.2025 registered as Case Crime No. 35 of 2025, under Sections 115(2), 352 & 74 of the Bharatiya Nyaya Sanhita, 2023, Police Station Nauhjhil, District Mathura. A further prayer has been made to command the respondent no.2 not to arrest the petitioners in the aforesaid case. 3. All alleged offences are punishable with imprisonment of 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 judgment 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 Co-ordinate Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 2021 (2) ACR 1147. 4. 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 judgment are equally applicable to the facts of the instant case. 5. Accordingly, the instant petition also stands disposed of in terms of the judgments noted above. Order Date :- 5.3.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad