Neutral Citation No. - 2025:AHC:144580-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18312 of 2025 Petitioner :- Aman Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravikant Shukla Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Sandeep Jain,J. Criminal Misc. Exemption Application No. 1 of 2025 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2. The petitioner is exempted from filing the certified copy of the first information report dated 6.8.2025. 3. Application is, accordingly, allowed. Order on Petition 4. Supplementary affidavit filed today be kept on record. 5. This writ petition has been filed for quashing of the First Information Report registered on 6.8.2025 as Case Crime No. 361 of 2025, under Sections 191(2), 115(2), 110, 309(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station - Phoolpur, District - Prayagraj. 6. Learned AGA informed that after investigation it was found that the charge sheet could not be filed under Sections 191(2) and 309(4) of B.N.S.,2023. 7. Learned counsel for the petitioner upon being informed about this fact submitted that offences under the other sections, namely, 115(2) and 110 of B.N.S.,2023, were punishable by punishments which did not exceed 7 years and, therefore, he confines his relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. We have perused the the First Information Report which prima facie discloses 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. 9. We are of the view that no interference is warranted. 10. However, considering the fact that all offences, mentioned in the present case, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 11. It is expected of the Police not to harass the petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall cooperate in the investigation. 12 . The writ petition is, accordingly, disposed of. Order Date :- 22.8.2025 PK Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad