Om Prakash Gautam And 5 Others v. Baranwal

the First Information Report dated 29.08.2025 registering Case Crime No. 260 of 2025, under Sections 85, 351(3), 352 B.N.S., 2023 and Section 3/4 D.P. Act, Police Station-Jigna, District-Mirzapur. 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. 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 petitioner 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 Cr.P.C/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 Bihar, (2014) 8 SCC 273 as well as the directions issued 2 CRLP No. 20787 of 2025 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. With the aforesaid observations, the instant writ petition stands disposed of. September 16, 2025 Anurag/- (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) ANURAG KUMAR VERMA High Court of Judicature at Allahabad