Neutral Citation No. - 2025:AHC:30459-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3532 of 2025 Petitioner :- Ankit Tyagi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- G.A.,Vijay Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Prajjwal Tyagi, learned counsel for the petitioner and learned A.G.A. for the State- respondents. 2. Learned counsel for the petitioner vehemently contends that the petitioner, who has no criminal antecedents and is a practicing advocate, has been wrongly implicated in the FIR dated 05.02.2025, registered as Case Crime No. 0083 of 2025 under Sections 191(2), 115(2), 352, 351(3), and 324(4) of the B.N.S., at Police Station Nandgram, District Ghaziabad. He submits that since the alleged offences are punishable only with imprisonment of up to seven years, and the petitioner, being an advocate, is willing to extend full cooperation in the ongoing investigation, therefore, before effecting the petitioner's arrest, the specific provisions contained in Section 41(1)(b) and Section 41-A of the CrPC, as well as Sections 35(3) to 35(7) of the Bhartiya Nagarik Suraksha Sanhita, 2023, must be strictly complied with in light of the law laid down by the Hon'ble Apex Court in several judgments. 3. We have perused the FIR, which prima facie discloses cognizable offences against the petitioner 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 cases 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. 4. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/ Section 35(3) to 35(7) of Bhartiya Nagarik Suraksha Sanhita, 2023 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. 5. With the aforesaid observations, the instant writ petition stands disposed of. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 4.3.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad