Neutral Citation No. - 2025:AHC:130907-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14410 of 2025 Petitioner :- Rahul Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar,Sunil Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. 1. Present petition has been filed for following reliefs: (i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 20.07.2020 lodged by the respondent No.4 against the unknown accused person in Case Crime No.487 of 2020, under Section 379 IPC, Police Station Sadar Bazar, District Agra, [contained in Annexure No.1 to this writ petition] (ii) Issue a writ, order or direction in the nature of Mandamus directing and commanding the respondent No. 2 and 3 not to arrest the petitioners in Case Crime No.487 of 2020, under Section 379 IPC, Police Station Sadar Bazar, District Agra. 2. It is apparent from the averments made in the petition itself and also from the instructions received by the learned Additional Government Advocate that final report was submitted in Case Crime No.0487 of 2020 registered under Section 379 IPC. However, it is evident that further investigations are being held by the concerned police. 3. However, considering the fact that the offence, complained of in the impugned FIR, is 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 Cr.P.C./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. 4. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 4.8.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad