HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20340 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri S.A. Ansari, holding brief of Sri Asif Ali, learned counsel for the petitioners and Sri Shravan Kumar Dubey, learned A.G.A. for State respondents. 2. This writ petition has been filed for quashing the impugned First Information Report dated 18.07.2025 registered as Case Crime No.317 of 2025, under Sections 191(2), 115 (2), 352, 351(3) of B.N.S., 2023, P.S. Phoolpur, District Prayagraj. A further prayer has been made to command the respondents not to arrest the petitioners in the aforesaid case. 3. Although, prayer for quashing of FIR has been made, but without insisting on the same, only submission is that all the alleged offences are punishable with imprisonment of seven years, therefore, the police authorities are bound to follow the procedure laid down under Section 35 BNSS. The petitioner has been wrongly implicated and could not be arrested. Reliance has been placed on the judgment 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 Co-ordinate Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 2021 (2) ACR 1147. Versus Counsel for Petitioner(s) : Asif Ali, Mohd. Kalim Counsel for Respondent(s) : G.A. Phoolchandar Yadav And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. 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 judgment are equally applicable to the facts of the instant case. 5. Accordingly, the instant petition also stands disposed of in terms of the judgments noted above. September 11, 2025 Prachi CRLP No. 20340 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad