Neutral Citation No. - 2025:AHC:107206-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14200 of 2025 Petitioner :- Brijesh Kumar Gaud Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Murari Lal,Sher Bahadur Yadav,Sunil Kumar Kori Counsel for Respondent :- G.A.,Narendra Kumar Tiwari Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner, A.G.A. for the State and Shri Rakesh Kumar Mishra, Advocate, holding brief of Shri Narendra Kumar Tiwari, Advocate, representing the respondent No. 4. The present petition has been filed challenging the First Information Report dated 24.01.2024 arising out of Case Crime No. 0025 of 2024, under Section 379 I.P.C., Police Station-Industrial Area, District-Prayagraj. 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. 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, (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. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 8.7.2025/Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad