Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9983 of 2025 Petitioner :- Bhole Kesarwani @ Dhirendra Kumar 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 Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Birendra Kumar Pandey, learned counsel for the petitioners and Sri Anuj Kumar Mishra, learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.3.2025 in Case Crime No. 0034 of 2025 under section 316(2) of B.N.S., P.S. Shankargarh, Commissionerate Prayagraj and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Although the prayer for quashing of FIR has been made, but without insisting on the same, only submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35 of B.N.S.S. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgement 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 in Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and co- ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147. 4. We have gone through the impugned first information report and without interfering in the same, we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case. 5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 17.5.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad