Neutral Citation No. - 2025:AHC:91084-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11042 of 2025 Petitioner :- Gagan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankita Gupta,Balram Pratap Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Pawan Kumar Yadav, Advocate holding brief of Sri Balram Pratap, learned counsel for the petitioner and Sri Arun Kumar Mishra, learned A.G.A. for State respondents. 2. This writ petition has been filed for quashing the impugned First Information Report dated 14.5.2025 registered as Case Crime No. 120 of 2025, under section 318 (4) B.N.S., P.S. Rajpura, District Sambhal. A further prayer has been made to command the respondents not to arrest the petitioners in the aforesaid case. 3. Although, prayer for quashing of FIR has been made, but without insisting on the same, only submission is that all 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 B.N.S.S. The petitioner has 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. 4. 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. 5. Accordingly, the instant petition also stands disposed of in terms of the judgments noted above. Order Date :- 28.5.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad