Neutral Citation No. - 2025:AHC:81091-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9883 of 2025 Petitioner :- Devi Lal And 2 Others Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Pradeep Kumar Singh,Shalvin Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Rakesh Kumar Singh, Advocate, holding brief of Sri Pradeep Kumar Singh, learned counsel for the petitioners and Sri S.S.R. Dwivedi, learned A.G.A. for State respondents. 2. This writ petition has been filed for quashing the impugned First Information Report dated 17.4.2025 registered as Case Crime No. 179 of 2025, under Sections 191 (2), 324 (4), 115 (2), 352, 351 (2), 351 (3) and section 76 of BNS, P.S. Chaurichaura, District Gorakhpur. A further prayer has been made to stay the arrest of the petitioners in the aforesaid case. 3. Learned counsel for the petitioners submitted that FIR has been lodged by filing an application under section 173 (4) B.N.S.S. dated 29.1.2025 in respect of an incident dated 13.12.2024 and, therefore, the same is nothing but counter blast to the FIR lodged by the petitioner side on 16.12.2024 registered as Case Crime No. 663 of 2024 under sections 191 (2), 281, 115 (2), 127 (3) B.N.S. in respect of the same incident and, therefore, this is nothing but counter blast and has been lodged by way of peshbandi. 4. We find that apparently the incident is admitted. Be that as it may, the alleged offences are punishable with imprisonment of seven years, therefore, the police authorities are bound to follow the procedure laid down under Section 35 BNSS. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgment 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 and Co-ordinate Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 2021 (2) ACR 1147. 5. We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgment 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 :- 16.5.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad