Neutral Citation No. - 2025:AHC:55493-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7154 of 2025 Petitioner :- Baburam Tomar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri S.N. Gupta, learned counsel for the petitioner, Sri Shahshi Dhar Pandey, learned A.G.A. for the State, Sri Raghuvansh Chandra, learned counsel for the informant and perused the record. 2. Although the prayer made in this writ petition is to quash the F.I.R. dated 10-03-2025, registered as Case Crime No. 127 of 2025, under Sections 303(2), 333, 115(2), 351(3) of B.N.S. and Section 3(2)(va) of SC/ST Act, Police Station Garhmukteshwar, District Hapur, when the matter was taken up, learned counsel for the petitioners submitted that the offences complained of are punishable with imprisonment for a term up to seven years and, therefore, before effecting the arrest of the petitioners, the specific provisions contained in Section 41(1)(b) and Section 41-A of the Cr.P.C./Section 35(3) to 35(7) of the Bhartiya Nagrik Suraksha Sanhita, 2023, be strictly complied with in view of the law laid down by the Hon’ble Apex Court in several judgments. 3. We have perused the FIR, which prima facie discloses cognizable offences against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. 4. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with. 5. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 16.4.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad