Neutral Citation No. - 2025:AHC:39766-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4906 of 2024 Petitioner :- Munendra Kumar Rai And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition ahs been preferred with a prayer to quash the FIR dated 04.03.2024 registered as Case Crime No.0076 of 2024, under Sections 498A, 323, 504, 506 IPC, Police Station- Gauri Bazar, District-Deoria. A further prayer has been made to direct the respondents not to arrest the petitioners in the aforesaid case during pendency of the writ petition. 3. Learned counsel for the petitioners submitted that he has no instructions in the matter. He further submitted that even though while entertaining the writ petition vide order dated 01.04.2024 interim protection has been granted to the petitioners, but in view of the offences, complained of, which are punishable only up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 41(1)(b) and Section 41-A of Cr.P.C./Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 4. 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. 5. 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. 6. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 19.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad