HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20475 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. Order on Criminal Misc. Exemption Application No. 1 of 2025 1. Since the writ petition has been heard and decided finally at the admission stage, the requirement of filing certified copy of the impugned order dated 16.10.2024, is exempted. 2. The exemption application is disposed of, accordingly. Order on Petition 3. Heard learned counsel for the petitioner and learned AGA for the State. 4. Although, the prayer made in this writ petition is to quash the First Information Report dated 16.10.2024 giving rise to Case Crime No. 221 of 2024, under Sections 303(2), 3(5), 112, 61(2) of Bharatiya Nyaya Sanhita, Police Station - Gagalheri, District - Saharanpur, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita. 5. We have perused the the First Information Report, which prima facie discloses commissioning of 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. Versus Counsel for Petitioner(s) : Abhishek Singh, Akshaivar Singh Counsel for Respondent(s) : G.A. Zishan .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 6. We are of the view that no interference is warranted. 7. However, considering the fact that all offences mentioned in the present case are punishable with a term up to 7 years, the authorities are directed to ensure the procedure of arrest as per the guidelines of the Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 8. 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 co-operate in the investigation. 9. The writ petition, accordingly, is disposed of. September 12, 2025 M. Tarik CRLP No. 20475 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad