HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19628 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard learned counsel for the petitioners as well as learned A.G.A. for the State respondents. 2. The instant writ petition has been filed by the petitioner with the prayer to quash the impugned First Information Report dated 18.08.2025, registered as Case Crime No. 261 of 2025, under Sections - 406, 420 IPC, Police Station - Masoori, District - Ghaziabad and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Learned counsel appearing on behalf of the petitioners has submitted that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35(3) BNNS (41-A Cr.P.C). It is further submitted that the petitioners have been falsely implicated in the instant case and they could not be arrested without following the procedure under section 41-A Cr.P.C (Section 35(3) BNNS). . 4. Learned counsel appearing on behalf of the petitioners has placed reliance on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and in Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and co- ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147. 5. We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case. Versus Counsel for Petitioner(s) : Rakesh Kumar Counsel for Respondent(s) : G.A. Mohammad Irsad Saifi And 6 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 6. Accordingly, the instant petition is disposed of in terms of the judgements as noted above. October 9, 2025 S.K.S. CRLP No. 19628 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad