Neutral Citation No. - 2025:AHC-LKO:6437-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 839 of 2025 Petitioner :- Vijay Kumar Maurya And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Anil Kumar Maurya,Manish Mani Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. This writ petition has been filed with the following relief(s): "(i) Issue a writ, order or direction in the nature of CERTIORARI to quash the impugned first information Oath Commissionar report dated 21.12.2024 which is registered in case crime no.179/2024, in offence under section 305, 324(4), 329(3), 351(3), 352 of Bhartiya Nyay Sanhita (B.N.S.) 2023, Police Station Ramjanam Bhumi, District Ayodhya, contained as Annexure no. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of MANDAMUS thereby directing opposite party no.2 and 3 not to arrest the petitioners in case crime no. 179/2024, in offence under section 305, 324(4), 329(3), 351(3), 352 of Bhartiya Nyay Sanhita (B.N.S.) 2023, Police Station Ramjanam Bhumi, District Ayodhya." 3. Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto seven years of imprisonment. 4. 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 :- 30.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench