Neutral Citation No. - 2025:AHC-LKO:4831-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 655 of 2025 Petitioner :- Vinay Tiwari @ Vinay Bihari Tiwari And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Petitioner :- Sanandan Kumar Misra,Bina Kumari Bajpai 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 13.01.2025 bearing F.I.R./Case Crime No. 0011 of 2025, for the offence under Sections 127(2), 115(2), 351(2) and 308(2) of Bharatiya Nyaya Sanhita, 2023 (BNS), registered at Police Station Babu Banarsi Das, District Lucknow. 3. Learned counsel for the petitioners 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 them, which is against the mandates of Code of Criminal Procedure. 4. Learned 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 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 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 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.] [Vivek Chaudhary, J.] Order Date :- 24.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench