Neutral Citation No. - 2025:AHC-LKO:6138-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 805 of 2025 Petitioner :- Nanke Shukla @ Nanke And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Pankaj Kumar Shukla,Shreesh Kumar Mishra Atal Counsel for Respondent :- G.A.,Shiv Poojan Verma Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A., who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :- "1. Issue a writ order or direction in the nature of Certiorari, there by quashing the impugned FIR no 08/2025, U/S 115(2)/352/351(3)/309(6) BNS and 3 (1) (Da)/ 3 (1) (Dha) SC/ST Act, at the police station Kotwali Dehat Gonda District Gonda as contained in as annexure no.1 to this writ petition. II. Issue a writ order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner in the aforesaid FIR no 08/2025, U/S 115(2)/352/351(3)/309(6) BNS and 3 (1) (Da)/ 3 (1) (Dha) SC/ST Act, at the police station Kotwali Dehat Gonda District Gonda and not to adopt any coercive measure against him." 3. Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in the impugned FIR, which has been lodged with delay of 2 days. 4. Learned A.G.A. has produced before this Court instructions sent by Sri Anand Kumar Rai, Circle Officer City, District Gonda wherein it has been stated that during the course of investigation, Section 309 (6) has been dropped and investigation is still going on in the matter under Sections 115(2)/352/351(3) BNSS and 3(1) da and 3(1)dha of SC/ST Act. 5. Sri Shiv Poojan Verma, Advocate appears for respondent no.4 on caveat and reiterated the contents of the FIR. 6. Since all the offences that has been alleged against the petitioners carry the sentence of upto 7 years of imprisonment. 7. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 29.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench