Neutral Citation No. - 2025:AHC:65470-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 8254 of 2025 Petitioner :- Dharmendra Kumar Kesarwani @ Dharmendra Kesarwani And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioners, learned AGA for the State-respondents and perused the record. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 24.03.2025 giving rise to Case Crime No. 0034 of 2025, under Sections 316(2) of Bharatiya Nyaya Sanhita, 2023, Police Station - Shankargarh, Commissionerate Prayagraj, District - Prayagraj, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. We have perused the the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. 4. We are of the view that no interference is warranted. 5. However, considering the fact that all offences mentioned in the present case are punishable with a term up to 7 years, the authorities are directed to ensure the procedure of arrest as per the guidelines of the Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 6. The writ petition, accordingly, is disposed of. Order Date :- 28.4.2025 Prajapati (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad