Neutral Citation No. - 2025:AHC:101947-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13606 of 2025 Petitioner :- Vikram Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. Crl. Misc. Exemption Application No. 01 of 2025 1. The ground taken in the affidavit is sufficient. 2. The Exemption Application is allowed. Order on the Writ Petition 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 15.6.2025 arising out of Case Crime No.251 of 2025, under Sections 115(2), 351(3) and 303(2) of Bhartiya Nyay Sanhita, 2023 and 18(d) of Transgender Persons (Protection of Rights) Act, 2019 Police Station - Phoolpur, District - Prayagraj, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023. 3. We have perused the the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. 4. We are of the view that no interference is warranted. 5. However, considering the fact that all offences, mentioned in the present case, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined 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 28.1.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020. 6. The writ petition, accordingly, is disposed of. Order Date :- 1.7.2025 vijay krishna Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad