Neutral Citation No. - 2025:AHC-LKO:6073-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 806 of 2025 Petitioner :- Jitendra Pal And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Anubhav Awasthi,Kanh Kumar Awasthi,Vinayak Tiwari 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 and learned A.G.A., who appears for the State. 2. This writ petition has been filed with the following relief(s): "(i) Issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned F.I.R. No. 0029 of 2025, lodged by the opposite party no. 4 against the petitioners registered as F.I.R. No. 0029 of 2025, Under Section 140(3)/352/351(3) B.N.S., Police Station-Dariyabad, District- Barabanki, contained at Annexure No. 1 to this writ petition, so far as it relates to the petitioners, in the interest of Justice. (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioners F.I.R. No. 0029 of 2025, Under Section 140(3)/352/351(3) B.N.S., Police Station- Dariyabad, District- Barabanki, so far as it relates to the petitioners, in the interest of justice." 3. It has been submitted by learned counsel for the petitioners that as a perusal of the F.I.R. would show that the main accused Shyam Ji had run away with the daughter of opposite party No.4 and as per the information received by the petitioners they have also got married and are living in Ghaziabad, but no other information is available with regard to the main accused and, therefore, the petitioners are being harassed and hence this writ petition has been filed. 4. Learned A.G.A. has produced instructions sent by Manoj Kumar Saini, Sub-Inspector, Police Station Dariyabad, Barabanki, wherein it has been stated that the victim could not be recovered till date. She is 16 years of age, as per Transfer Certificate issued by Kotwadham Vidyapeeth Inter College, Kotwadham, Barabanki. 5. Learned counsel for the petitioner submits at this stage that all the Sections invoked against them carry a punishment upto seven years and, therefore, the benefit of directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 be given to the petitioners. 6. 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 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench