Neutral Citation No. - 2025:AHC-LKO:4175-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 433 of 2025 Petitioner :- Mirza Mohd. Malik And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Shiv S.E. Chitambar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners, learned A.G.A., who appears on behalf of opposite parties no. 1 to 3 and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 27.12.2024, bearing F.I.R. No.0617 of 2024, under Sections 318 (4), 316 (2), 352 and 351 (3) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Thakurganj, District Lucknow. 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 them, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned Additional Government Advocate appearing for 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 Bharatiya Nagarik Suraksha Sanhita,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 petitioner 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). . (Om Prakash Shukla, J.) (Sangeeta Chandra, J.) Order Date :- 22.1.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench