Neutral Citation No. - 2025:AHC:36554-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3702 of 2025 Petitioner :- Rajendra Kumar Bajpai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Nigam Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Sanjay Kumar Nigam, learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.01.2025 giving rise to Case Crime No. 22 of 2025, under Section 329(3) of B.N.S., 2023, Police Station- Bithoor, District- Kanpur Nagar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. 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 B.N.S.S. The petitioner has 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. 4. 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. 5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 12.3.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad