Neutral Citation No. - 2025:AHC-LKO:6440-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 858 of 2025 Petitioner :- Prahlad Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Rahul Kannojia,Rajesh Kumar Kashyap Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State/respondent. 2. The instant writ petition has been filed by the petitioner with the following reliefs:- "(i) issue a writ, order or direction in the nature of Certiorari for quashing the impugned F.I.R. No. 0201/2024 under Section 60 of Uttar Pradesh Excise Act, 1910, registered in the Police Station- Mawai, Ayodhya contained as Annexure No. 1, in the interest of justice. District- (ii) issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 5 to 9 not to arrest/harass the petitioner in pursuance of the F.I.R. No. 0201/2024 Under Section 60 of Uttar Pradesh Excise Act, 1910, registered in the Police Station-Mawai, District-Ayodhua contained Annexure No. 1, in the interest of justice. as (iii) issue a writ, order or direction in the nature of mandamus commanding to examine the illegal activities of the Respondent No. 5 to 9 which is stored in the CCTV camera/hard disk of Police Station-Mawai, Police Station-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 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