Neutral Citation No. - 2025:AHC:101515-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13704 of 2025 Petitioner :- Asgar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zainul Abdin Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. 1. Heard the counsel for the petitioner and the A.G.A. for the State. 2. The present petition has been filed challenging the First Information Report dated 13.06.2025 registered as Case Crime No. 0222 of 2025, under sections 303(2), 317(2), 132 Bharatiya Nyaya Sanhita (B.N.S.), Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station- Swar, District- Rampur. 3. The petitioner contends that allegations made against him in the First Information Report are false and that the First Information Report has been registered with a malafide intention to harass the petitioner. It is further argued that the punishment for all the offences registered against the petitioner is less than seven years. The counsel for the petitioner has relied upon the case of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273, in which the Hon'ble Supreme Court laid down guidelines with regard to the arrest of a person. 4. Taking into account the totality of the facts and circumstances of the case and the in the light of the ratio laid down by Hon'ble Apex Court in the cases of Arnesh Kumar (supra), the freedom of the petitioner is protected, provided if the I.O. of the case gives notice to him as provided under Sections 41 and 41(A) of Cr.P.C./Section 35 of B.N.S.S. and summon the petitioner in this case, petitioner is obliged to render his fullest cooperation in the investigation. 5. It is made clear that if some credible material is brought on record during investigation against the petitioner, then only the I.O. of the case after recording its reason may affect the arrest of the petitioner, strictly adhering to the guidelines provided in aforementioned case of Hon'ble Supreme Court. 6. With the aforesaid observations, the instant writ petition stands disposed off. Order Date :- 1.7.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad