Neutral Citation No. - 2025:AHC-LKO:6434-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 860 of 2025 Petitioner :- Mohd. Zaid And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Dheeraj Srivastava 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. for the State/respondent. 2. The instant writ petition has been filed by the petitioners with the following main relief:- "A. issue a writ order or direction in the nature of CERTIORARI there by quashing the impugned belated and malicious F.I.R. dated 18-12-2024 lodged as FIR no /Crime No 0826/2024 Under section 3/7 Essential Commodities Act 1955, police station Mohammdai District Lakhimpur Kheri by O/P NO.4, as contained in annexure no 1, 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