Neutral Citation No. - 2025:AHC-LKO:1835-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 172 of 2025 Petitioner :- Sateesh Dwivedi (Sateesh @ Kallu In Fir) And 4 Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko And 2 Others Counsel for Petitioner :- Ram Chandra Dwivedi,Shashi Kant Dwivedi Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 23.09.2024, bearing Case Crime No.0412 of 2024, for the offence under Sections 352, 351(2), 117, 115(2), 3(5) B.N.S., registered at Police Station Mallawan, District Hardoi. 3. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure (Now Bhartiya Nagrik Surksha Sanhita, 2023). 4. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) of B.N.S.S., 2023 shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 5. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts. 6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of B.N.S.S., 2023 and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). Order Date :- 10.1.2025 Arti/- [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench