HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1363 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material placed on record. 2. In view of the proposed order being passed, notice to respondent No. 4 is hereby dispensed with. 3. This writ petition has been filed with the following main prayers:- "i) 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 bearing First Information Report No. 138 of 2024, Under Section 66 D of Information Technology (Amendment) Act, 2008, Police Station Indira Nagar, District Lucknow on 23.05.2024, at about 21:00 Hours (Contained as Annexure No.-1), in the interest of justice. ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the Opp. Parties 2 and 3 not to arrest the petitioner in pursuance of impugned First Information Report lodged by the opposite party No. 4 bearing First Information Report No. 138 of 2024, Under Section 66 D of Information Technology (Amendment) Act, 2008, Police Station Indira Nagar, District Lucknow on 23.05.2024, at about 21:00 Hours (Contained as Annexure No.-1), in the interest of justice." 4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term having Versus Counsel for Petitioner(s) : Shankar Lal Pandey, Manoj Kumar, Sapna Counsel for Respondent(s) : G.A. Ram Het Pal .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 3 Others .....Respondent(s) less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for respondent-State has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioner, entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to be strictly followed in terms of judgments rendered by the Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 6. 6. Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioner states that 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) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, the petitioner is directed to appear before the Investigating Officer of the concerned police station on 03.10.2025 at 11.00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant. September 24, 2025 Abhishek Gupta CRLP No. 1363 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench