Neutral Citation No. - 2025:AHC-LKO:7994-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 976 of 2025 Petitioner :- Rafi Ahmad And Another Respondent :- State Of U.P. Thru. Addl. Chief. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Vivek Kumar Verma,Rohit Kumar Verma,Shalini Gupta 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, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated - 06.06.2024, lodged as F.I.R. No.- 0169/2024 for the offences under Sections 506, 504, 420 of I.P.C., at P.S. - Kotwali Nagar, District - Bahraich. 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 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. 4. Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by Sub-Inspector of Police, Police Station Kotwali Nagar wherein it has been stated that charge sheet no. 266 of 2024 dated 28.10.2024 has been prepared against Rafi Ahmad S/o Anwar and Jahanara W/o Rafi Ahmad under Section 420, 504, 506 , District Bahraich. 5. The written instructions are kept on record. 6. Since the charge sheet has been prepared by the Investigating Officer, it is presumed that in compliance of provisions contained in Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.), the petitioners were given statutory notices and without effecting their arrest their statements were recorded. Thereafter charge sheet has been prepared after collecting credible evidence through investigation and submitted the same before the Supervisory Authority for onward submission to the Trial Court, therefore, this Court feels it to be inappropriate to interfere at this stage. 7. The writ petition is disposed of with liberty to the petitioners to approach the appropriate authority for raising their challenge to the Charge-sheet. Order Date :- 7.2.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench