Neutral Citation No. - 2025:AHC:133136-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15670 of 2025 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. Ref: Order on Exemption Application. 1. Allowed. 2. Learned counsel for the petitioner is exempted from filing the certified copy of the F.I.R. Order on Petition 3. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 4. Although, the prayer made in this writ petition is to quash the First Information Report dated 02.03.2025 giving rise to Case Crime No.0038 of 2025, under Sections- 420, 406, 323, 504, 506 IPC, Police Station - Nagfani, District - Moradabad, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023. 5. 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. 6. We are of the view that no interference is warranted. 7. However, considering the fact that all offences mentioned in the present case are punishable with a term up to 7 years, the authorities are directed to ensure the procedure of arrest as per the guidelines of the Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 8. It is expected of the Police not to harass the petitioners till the decision of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation. 9. The writ petition, accordingly, is disposed of. Order Date :- 6.8.2025 Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad