Neutral Citation No. - 2025:AHC-LKO:7118-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 918 of 2025 Petitioner :- Danish Azam Warsi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Afaq Zaki Khan,Alimulla Khan 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:- "i. Issue, a writ order or direction in nature of certiorari, quashing the impugned F.I.R No.0023 / 2025 U/s.- 316(2), 352, 351(2) Bhartiya Nyaya Sanhita (B.N.S) 2023 lodged by the opposite party no.4 at P.S.-Dewa, District- Barabanki contained as Annexure No.1 to this writ petition. ii. Issue, a writ order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners on the basis of impugned F.I.R No.0023 / 2025 U/s.- 316(2), 352, 351(2) Bhartiya Nyaya Sanhita (B.N.S) 2023 lodged by the opposite party no.4 at P.S. Dewa, District- Barabanki." 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 :- 4.2.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench