Neutral Citation No. - 2025:AHC-LKO:6423-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 861 of 2025 Petitioner :- Umesh Tiwari (Sasur) As Mentioned In Fir And Another Respondent :- State Of Thru. Secy. Deptt. Of Home Civil Secretariat, Lko And 3 Others Counsel for Petitioner :- Vandana Tiwari,Mrs. Sanju Tripathi Counsel for Respondent :- G.A.,Ashok Kumar Shukla Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard Sri Prabhu Ranjan Tripathi, learned counsel for the petitioners, learned A.G.A. for the State/respondent and Sri Ashok Kumar Shukla, learned counsel for respondent no.4. 2. The instant writ petition has been filed by the petitioners with the following main relief:- "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report registered as FIR No. 0004 of 2025, Under sections 85/318(4) BNS & 3/4 D.P. Act, at Police Station- Ghazipur, District- Lucknow in respect to the present petitioners, contained as Annexure No. 1 to this writ petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report lodged as FIR No. 0004 of 2025, Under sections 85/318(4) BNS & 3/4 D.P. Act, at Police Station- Ghazipur, District-Lucknow, contained as Annexure No. I to this writ petition." 3. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of B.N.S.S., corresponding Section 41A Cr.P.C., for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 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 B.N.S.S., 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 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench