HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 8170 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioner the A.G.A. representing respondent nos. 1 and 2 and Sri Shashi Kant Shukla, the counsel for respondent no. 3. The present petition has been filed for the following relief:- "a) Issue a writ, order or direction in the nature of Certiorari for quashing the impugned first information report dated 04.03.2025 of Case Crime No. 094 of 2025 under sections - 191(2), 109, 191 (3), 115(2), 117(2), 333, 352, 351(2) read with Section 90 B.N.S., Police Station Sasani, District Hathras. b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the information report dated 04.03.2025 of Case Crime No. 094 of 2025 under sections - 191(2), 109, 191 (3), 115(2), 117(2), 333, 352, 351(2) read with Section 90 B.N.S., Police Station Sasani, District Hathras. " It has been stated by the Additional Government Advocate that Section 109 BNS has been excluded and an entry has been made in the General Diary that no offence under Section 109 BNS is made out because no injury, which could be fatal to the injured, exists on the body of the injured. It has, however, also been stated by the Additional Government Advocate that the investigation is in progress under sections - 191(2), 109, 191 (3), 115(2), 117(2), 333, 352, 351(2) read with Section 90 B.N.S.. It is further submitted that the punishment for the offence under which investigation is in progress is only seven year. Versus Counsel for Petitioner(s) : Shashi Kant Shukla, Shekhar Mishra Counsel for Respondent(s) : G.A. Pushpendra Rawat .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) However, considering the fact that all the offences, complained of in the impugned FIR except Section 109 which has been excluded during investigtion, 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, (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. With the aforesaid observations, the instant writ petition stands disposed of. September 15, 2025 n.u. CRLP No. 8170 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad