Neutral Citation No. - 2025:AHC-LKO:8264-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1002 of 2025 Petitioner :- Awadhesh Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Ambrish Kumar Dwivedi,Abhishek Dwivedi,Harshita Dwivedi,Saurabh Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1.Present writ petition has been filed with the following prayers :- 1. Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report lodged by the opposite party no.4 o 19.01.2025, at about 18:42 Hours, vide first information report no.0034 of 2025, under sections – 316 (2), 352, 351 (3) of BNS 2023, Police station – Satrikh, District – Barabanki (Contained as Annexure No.1), in respect of the petitioner, in the interest of justice. 2. Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties no.3 not to arrest the petitioner in pursuance of impugned First Information Report lodged by the opposite party no.4 on 19.01.2025 hrs, vide First Information Report No.0034/2025, under Sections – 316 (2), 352, of BNS, Police station – Satrikh, District – Barabnki contained as Annexure no.1, in the interest of justice. 2. Heard learned counsel for the petitioner, learned A.G.A who appears for the State-Respondent nos.1, 2 and 3 and perused the record. 3. There is no need to issue notice to the Opposite party no.4, hence the same is dispensed with. 4. Under challenge in this petition is the First Information Report dated 19.01.2025, lodged as F.I.R./Case Crime No.0034/2025 for the offences under Sections – 316(2), 352, 351 (3) of BNS 2023 at P.S. Satrikh, District Barabaki. 5. It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned FIR. The petitioner is only an Advocate and the role assigned to the petitioner is of introducing the opposite party no.4 to the Directors of Reeta Infra Developers from which company the informant has allegedly bought a plot. 6. We have gone through the FIR and we find that all the sections invoked against the petitioner carry a punishment up to seven years. 7. Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (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. 8. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (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 :- 7.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench