Neutral Citation No. - 2025:AHC:11448-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 476 of 2025 Petitioner :- Sahil Group Admin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Kamar Shah Alam Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Mohd. Kamar Shah Alam, learned counsel for the petitioners, learned AGA for the State respondents and Sri Devesh Kumar Shukla, learned counsel for the informant. 2. The relief sought in this petition is for quashing of the impugned FIR dated 30.11.2024, registered as Case Crime No.457 of 2024, under Section 353(2) BNS, 2023 and Section 67 Information Technology Act, Police Station Kotwali Nagar, District Muzaffarnagar. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submits that the impugned FIR has been lodged with allegation that the petitioner is Admin of the Whatsapp group in question and he posted the alleged obscene material on the said group. He further submits that the obscene post in question has already been deleted. The petitioner would not indulge in any such activities in future and he is also cooperating in the ongoing investigation. He further submits that the alleged offences are punishable only up to seven years and therefore, before effecting the arrest of the petitioners, 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 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. In the facts and circumstances, the impugned F.I.R. is liable to be quashed. 4. Per contra, learned AGA has vehemently opposed the writ petition, which discloses cognizable offence. He submits that against the petitioner, there are three other cases registered under the I.T. Act. He used to make derogatory posts being Admin of the Whatsapp group and all the cases were registered under Section 67 of I.T. Act. He further states that in spite of the notice served on the petitioner under BNS, 2023, till date he has not responded the notice and even the Whatsapp post, which are very offending, has not been deleted and it may cause great animosity in public. The truthfulness of allegations and establishment of guilt take place, when the investigation is done or trial proceeds. Probability, reliability or genuineness cannot be looked under Art.226 of the Constitution. The FIR can only be quashed in a writ jurisdiction, if the FIR does not discloses commission of offence and that too prior to framing of charges. As such it is submitted that no interfere is required in the matter. 5. We have perused the FIR, which prima facie discloses cognizable offences against the petitioner and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. 6. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner 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 reported in (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. 7. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 22.1.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad