Neutral Citation No. - 2025:AHC-LKO:6382-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 863 of 2025 Petitioner :- Shavan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Amit Kumar Singh 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 main relief:- "1. To issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 17.12.2024 in F.I.R No-.0915 of 2024 under section-318(4)/319(2)/351(4) BNS, Police Station -Kotwali Nagar, District- Sultanpur only so for relates to petitioner contained as Annexure no 1 to this writ petition. 2. To issue a writ order or direction in the nature of mandamus commanding to the opposite parties not to arrest/ harass and take coercive action against the petitioner in pursuance of the impugned first information report dated 17.12.2024 in F.I.R No-.0915 of 2024 under section-318(4)/319(2)/351(4) BNS, Police Station -Kotwali Nagar, District- Sultanpur" 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