Neutral Citation No. - 2025:AHC:51498-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5394 of 2025 Petitioner :- Saymeen Jahan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Tahir Kurashi,Mohd Shamim Khan,Shadab Ansari Counsel for Respondent :- G.A.,Irshad Ahmad Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Mohd Shamim Khan, learned counsel for the petitioners as well as Shri Om Prakash Dwivedi, 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 04.03.2025, registered as Case Crime No. 0126 of 2025, under Sections 308(2), 351(3) of Bhartiya Nyay Sanhita (B.N.S.), Police Station- Katghar, District- Moradabad, and for a direction to the respondents not to arrest the petitioners 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 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. 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 :- 9.4.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad