Neutral Citation No. - 2025:AHC:26995-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3863 of 2025 Petitioner :- Sajid Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandan Kumar Jaiswal Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Sri Raghvendra Tiwari, holding brief of Sri Chandan Kumar Jaiswal, learned counsel for the petitioner as well as Sri Amit Sinha, learned A.G.A. I for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 25.10.2024, registered as Case Crime No. 496 of 2024, under Sections 308, 323, 354, 452, 504 IPC and Section 66 I.T. Act, PS Sector 113, District Commissionerate Gautam Buddh Nagar, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. At the very outset, on instructions learned AGA has pointed out that Section 308 IPC and Section 66 I.T. Act have been deleted and now at this stage investigation under Sections 323, 325, 354(D), 504 IPC is still pending. It is submitted that all offences are punishable below 7 years. 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 :- 27.2.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad