HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20853 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioner and learned AGA for the State-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 24.08.2025 giving rise to Case Crime No. 0333 of 2025, under Section 308(2) of B.N.S, Police Station - Jiyanpur, District - Azamgarh, 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, 2023. 3. 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. 4. We are of the view that no interference is warranted. 5. 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. 6. 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. 7. The writ petition, accordingly, is disposed of. September 24, 2025 vijay krishna Versus Counsel for Petitioner(s) : Muqeem Ahmad Counsel for Respondent(s) : G.A. (Abdul Shahid,J.) (Siddhartha Varma,J.) Durga Bharti @ Durga Prasad And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad