HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20652 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Sushil Kumar Rathore, learned counsel for the petitioner and Ms. Divya Ojha, learned AGA for the State. 2. Present petition has been filed with a prayer to quash the FIR dated 05.06.2025 in Case Crime No.95 of 2025, under Sections 115(2), 352, 351(2) of the B.N.S. and Sections 3(2) (va) of the S.C./S.T. Act, Police Station Kadaura, District Jalaun. 3. This Court vide order dated 26.08.2025 passed in Criminal Misc. Writ Petition No.18745 of 2025 granted relief to co-accused Javed alis Abdul Rehman @ Ziyauddin. Order dated 26.08.2025 is quoted hereinunder: "1. Heard Sri Harish Chandra Mishra, learned counsel for the petitioners as well as Sri Shravan Kumar, 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 05.06.2025, registered as Case Crime No.95 of 2025, under Sections 115(2), 352, 351(2) of the BNS, 2023 & 3(2) (va) of the SC/ST (Prevention of Atrocities) Act, 1989, PS Kadaura, District Jalaun, and for a direction to the respondents not to arrest the petitioners 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 petitioner has 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. Versus Counsel for Petitioner(s) : Sushil Kumar Counsel for Respondent(s) : G.A. Manjur @ Manjur Husain .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above." 4. Present petition is also disposed of in terms of the aforequoted order. September 15, 2025 S.A. CRLP No. 20652 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad