Neutral Citation No. - 2025:AHC:56723-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6090 of 2025 Petitioner :- Md. Sheikh Javed Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S. A. Khan Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri S.A. Khan, learned counsel for the petitioner and Sri S.S.R. Dwivedi, learned A.G.A. for the State. 2. On 03.04.2025, the following order was passed: "1. This writ petition has been filed praying to quash the first information report dated 19.03.2025 registered as Case Crime No.0278 of 2025 under Sections 406, 504, 506 IPC and Section 3 (2) (va), 3 (1) (dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Robertsganj, District Sonbhadra. Further prayer has been made not to arrest the petitioner in the aforesaid case. 2. Matter pertains to S.C./S.T. Act. 3. Put up this matter as fresh on 17.4.2025. 4. Meanwhile, learned A.G.A. may also obtain necessary instructions in the matter." 3. On instructions, learned A.G.A. has pointed out that notice has been served on the respondent no. 4 on 15.04.2025. 4. No one is present on behalf of the respondent no. 4 even in the revised call. 5. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 19.03.2025 registered as Case Crime No.0278 of 2025 under Sections 406, 504, 506 IPC and Section 3 (2) (va), 3 (1) (da) and 3(1)(dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Robertsganj, District Sonbhadra. Further prayer has been made not to arrest the petitioner in the aforesaid case 6. 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 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 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. 7. 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. 8. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 17.4.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad