Neutral Citation No. - 2025:AHC:81440-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 9895 of 2025 Petitioner :- Vaibhav Agrawal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Achyuta Nand Pandey,Anand Prakash Pandey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 13th February, 2025 giving rise to Case Crime No.0019 of 2025, under Sections 498-A, 323, 504, 406 and 506 I.P.C. and 3/4 D.P. Act, Police Station-Kotwali, District-Moradabad but at the time when the matter is taken up learned counsel for the petitioner 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. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 16.5.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad