Neutral Citation No. - 2025:AHC:135214-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 17520 of 2025 Petitioner :- Jakir And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Sharma Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Abdul Shahid,J. 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 19.7.2025 arising out of Case Crime No. 279 of 2025, under Sections 318(4), 316(2), 352, 351(2) of BNS and section 3(2)(va), 3(1)(Da),3(1)(Dha.) SC/ST Act, Police Station Rampur Maniharan, District Saharanpur, 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 B.N.S.S. be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3. Learned counsel for the petitioners has further submitted that in view of the settled law laid down by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd vs The State Of Uttar Pradesh reported in (2024) 10 SCC 690, offences under Sections 420, 406 IPC cannot be lodged simultaneously. 4. We have perused the FIR, which prima facie discloses the cognizable offence other than section 406 IPC against the petitioners and therefore, the prayer made to quash the FIR under other relevant sections 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. 5. 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 B.N.S.S. 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. 6. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 11.8.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad