Neutral Citation No. - 2025:AHC:137866-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17732 of 2025 Petitioner :- Harishankar Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramashankar Yadav Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. The present petition has been filed challenging the First Information Report dated 29.07.2025 registering Case Crime No. 211 of 2025, under Sections 115(2), 352, 351(3), 309(4) B.N.S., 2023, Police Station-Didarganj, District-Azamgarh. It has been stated by the A.G.A. that Section 309(4) B.N.S., 2023 has been excluded during the course of investigation. It has been argued by the counsel for the petitioner that the punishment for other offences mentioned in the first information report, the imprisonment is not more than 7 years. Considering the fact that all the offences for which the petitioners can be charged after excluding Section 309(4) 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 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. With the aforesaid observations, the instant writ petition stands disposed of. Order Date :- 13.8.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad