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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19960 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard Sri P.K. Tiwari, learned counsel for the petitioner as well as Sri Shashi Dhar Dubey, learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 23.04.2025, registered as Case Crime No.0188 of 2025, under Sections 316(2), 318(4), 319(2), 351(3) of the BNS, 2023, P.S. Bhadohi, District Bhadohi, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. Although the prayer for quashing of FIR has been made, but without insisting on the same, only submission is 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 BNSS. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed 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.
4. We have gone through the impugned first information report and without interfering in the same, 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) : Parbind Kumar Tiwari, Rajesh Kumar Mishra Counsel for Respondent(s) : G.A. Vipin Rai .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. September 9, 2025 S.A.
CRLP No. 19960 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad