Neutral Citation No. - 2025:AHC-LKO:4150-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 559 of 2025 Petitioner :- Pawan Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Shiv Shankar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Heard the learned counsel for the petitioner, the learned A.G.A. appearing for the State-respondents and perused the record. 2. This petition has been filed on behalf of the petitioner seeking following main relief:- "(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report No.0002/2025 dated 02.01.2025 under Sections 3/7 of Essential Commodities Act, 1955 at Police Station-Jai Singh Pur, District-Sultanpur." 3. The learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. 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. 4. The learned A.G.A. appearing for State-respondent has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 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 (BNSS) 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 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench