Neutral Citation No. - 2025:AHC-LKO:9291-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1267 of 2025 Petitioner :- Makhanchu And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 3 Others Counsel for Petitioner :- Ram Milan Yadav,Om Prakash Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 03.11.2024, bearing Case Crime/ FIR No.0424 of 2024, for the offence under Sections 74, 115(2), 352, 351(2), 351(3) BNS, 2023 registered at Police Station Gosainganj, District Sultanpur. 3. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 5. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts. 6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 13.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench