HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18548 of 2026 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Sri Mirza Shahwan Beg, Advocate holding brief of Sri Adarsh Srivastava, learned counsel for the petitioner and learned A.G.A. for the State. 2. The present petition has been filed challenging the First Information Report dated 19.06.2026 lodged by Respondent No. 4 giving rise to Crime/ FIR No. 182 of 2026, under Sections 137(2), 61(2) of B.N.S, Police Station- Khurja Dehat, District- Bulandshahr. 3. We have perused the FIR, which prima facie discloses commission of offence 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 CrPC/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 Versus Counsel for Petitioner(s) : Adarsh Srivastava, Reena Pal Counsel for Respondent(s) : G.A. Sandeep .....Petitioner(s) State Of Uttar Pradesh And 3 Other .....Respondent(s) 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 14, 2026 Israr CRLP No. 18548 of 2026 2 (Padam Narain Mishra,J.) (Salil Kumar Rai,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad