Neutral Citation No. - 2025:AHC:41972-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3432 of 2025 Petitioner :- Haider Ali And 5 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Saiyad Iqbal Ahmed Counsel for Respondent :- G.A.,Nandini Pandey,Satya Prakash Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. List of fresh cases have been revised. No one is present to press this petition on behalf of the informant. 2. Heard Saiyad Iqbal Ahmed, learned counsel for the petitioners and learned AGA for the State-respondents are present. 3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 09.02.2025 registered as Case Crime No.0053 of 2025, under Sections 85, 74, 352, 115(2), 351(3), B.N.S., section 3/4 D.P. Act and section 3/4 Muslim Women Protection Right on Marriage Act, 2019, Police Station Thakurdawara, District Moradabad and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 4. Although the prayer for quashing of FIR has been made, but without insisting on the same, only submission is 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 BNSS. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed 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) 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 without interfering in the same, we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case. 6. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 21.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad