Neutral Citation No. - 2025:AHC:34346-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 4539 of 2025 Petitioner :- Ankit Chaurasiya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Singh,Chandra Prakash Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Chandra Prakash Singh, learned counsel for the petitioner and learned A.G.A. appearing for the State. 2. Present writ petition has been preferred for quashing the FIR dated 12.9.2024 being Case Crime No. 749 of 2024 under Sections 420, 406 IPC, P.S. Kotwali Nagar, District, Banda and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. 3. At the very outset, learned counsel for the petitioner submitted that arising out of same Case Crime No. 749 of 2024 this Court has already granted indulgence to Dinesh Kumar Singh by order dated 4.10.2024 passed in Criminal Misc. Writ Petition No. 17411 of 2024 (Dinesh Kumar Singh vs. State of U.P. and others) and the petitioner is also entitled for the same relief. 4. The aforesaid order dated 4.10.2024 is quoted as under:- "1. Sri Yogendra Gupta has filed his Vakalatnama on behalf of the informant, the same is taken on record. 2. Heard Sri Satish Chaturvedi, learned counsel for the petitioner, Sri Yogendra Gupta, learned counsel appearing for the informant and learned A.G.A. for State respondents. 3. This writ petition has been filed with the following prayers:- "i) to issue a WRIT, order or direction in the nature of certiorari calling for the record of the case and quash the impugned order dated 3.9.2024 passed by learned CJM, Banda impugned and the First Information Report dated 12.9.2024 registered as case crime no. 0749/2024 Under Sections 420, 406 I.P.C. Police Station : Kowali, District : Banda (Annexure No. 1 and 2) to this writ petition. ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to no take coercive action against the petitioner till the pendency of this writ petition." 4. Although 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 41-A Cr.P.C. 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, 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 judgments noted above." 5. Learned A.G.A. could not dispute the aforesaid position. 6. In such view of the matter, present petition also disposed of in terms of the aforesaid order dated 4.10.2024. Order Date :- 10.3.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad