Neutral Citation No. - 2025:AHC:55383-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7259 of 2025 Petitioner :- Vishal Dhakare And 3 Others Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Sri Gaurav Sharma, Advocate filed his vakalatnama on behalf of first informant, which is taken on record. 2. Heard Sri Ashish Goyal, learned counsel for the petitioners, Sri Rahul Asthana, learned A.G.A. for State-respondents and Sri Gaurav Sharma, learned counsel for the first informant. 3. This writ petition has been filed for quashing the impugned First Information Report dated 30.03.2025 registered as Case Crime No.70 of 2025, under Sections 74, 115(2), 352, 191(2) of B.N.S., Section 7/8 POCSO Act and Section 3(2)(va) of S.C./S.T. Act, P.S. Barhan, District Agra. Further prayer has been made not to arrest the petitioners in the aforesaid case. 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 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, 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. Order Date :- 16.4.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad