HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21555 of 2026 Court No. - 44 HON'BLE SIDDHARTHA VARMA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Sri Raghvendra Prakash, learned Advocate, has filed his Vakalatnama on behalf of respondent No. 4, which is taken on record. 2. Heard learned counsel for the petitioner, learned counsel for the informant, Sri Raghvendra Prakash and learned AGA for the State- respondents. 3. Although, the prayer made in this writ petition is to quash the First Information Report dated 25.07.2026 giving rise to Case Crime No.573 of 2026, under Section 316(4) of B.N.S, 2023, Police Station - Kotwali City, District - Bijnor, 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. 4. 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. 5. We are of the view that no interference is warranted. 6. 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. Versus Counsel for Petitioner(s) : Nagendra Pratap Singh Counsel for Respondent(s) : G.A. Mayank Bhatnagar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. 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. 8. The writ petition, accordingly, is disposed. September 9, 2026 vijay krishna CRLP No. 21555 of 2026 2 (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad