HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20348 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard the counsel for the petitioners and the A.G.A. for the State. 2. The present petition has been filed challenging the First Information Report dated 23.08.2024 registered as Case Crime No.050 of 2024, under Sections 189(1), 189(2), 190, 3(5), 285, 352, 132, 126(2) BNS, Police Station Basai Arela, District Agra. 3. We have perused the FIR, which prima facie discloses cognizable offences against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. 4. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioners 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 Versus Counsel for Petitioner(s) : Pradeep Chauhan Counsel for Respondent(s) : G.A. Rakesh And 69 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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. 5. With the aforesaid observations, the instant writ petition stands disposed of. September 18, 2025 Radhika CRLP No. 20348 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad