Neutral Citation No. - 2025:AHC-LKO:10020-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1258 of 2025 Petitioner :- Ashok Verma @ Ashok Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Learned A.G.A., on instructions, states that in this case, Section 110 of B.N.S., 2023 has been dropped during course of investigation and the charge sheet is already submitted to the supervisory authority. 2. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 25.10.2024, bearing F.I.R./Case Crime No. 0385 of 2024, for the offence under Sections 110, 351(3), 352, 118(1) of Bharatiya Nyaya Sanhita, 2023 (BNS), registered at Police Station Lambhua, District Sultanpur. 4. Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. 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 Code of Criminal Procedure. 5. 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 petitioner, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 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. 6. Considering the stand of the investigating agency, learned counsel for the petitioner states that let this petition be disposed of in view of the above said facts. 7. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 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 :- 17.2.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench