Neutral Citation No. - 2025:AHC:131257-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16956 of 2025 Petitioner :- Sheeba @ Dr. Shiva Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dr. Kamlesh Kumar,Rakesh Kumar Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. The present petition has been filed challenging the First Information Report dated 30.01.2025 in Case Crime No. 25 of 2025, under Sections 15(2), 15(3) of Indian Medical Council Act, 1956 and Section 30 Sanyukt Chikisa Act, 1917 and Sections 318(4), 118(2), 336(2), 340(2), 61(2) of B.N.S., Police Station Bhojpur, District Ghaziabad. Previously also, Criminal Misc. Writ Petition No. 3394 of 2025 was filed challenging the aforesaid first information report. The said petition was disposed of by this Court vide its order dated 20.2.2025. The order dated 20.2.2025 is reproduced below : - "1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 30.1.2025 arising out of Case Crime No. 25 of 2025, under Sections 15(2), 15(3) of Indian Medical Council Act, 1956 and Section 30 Sanyukt Chikitsa Act, 1917 and Section 318(4) of B.N.S., Police Station- Bhojpur, District- Ghaziabad, but when the matter has been taken up, learned counsel for the petitioners has submitted that all the offences, complained of, are punishable up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 35 of Bharatiya Nagarik Suraksha Sanhita be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3. We have perused the FIR, which prima facie discloses the cognizable offence against the petitioners 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 case 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. 4. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 35 of Bharatiya Nagarik Suraksha Sanhita and the guidelines issued by Hon'ble Apex Court 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 28.01.2021 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 and further directions issued by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another vide order dated 21.01.2025 be strictly complied with. 5. With the aforesaid observations, the instant writ petition stands disposed of." The cause of action for filing the present petition is that in the information obtained by the petitioner, Sections 118(2), 336(2), 340(2) and 61(2) BNS have been added by the Investigating Officer against the petitioner. The recitals in the first information report disclose commission of an offence under the aforesaid provisions, therefore, no case for interference by this Court under Article 226 of the Constitution of India is made out. The writ petition is dismissed. Order Date :- 5.8.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad