Neutral Citation No. - 2025:AHC-LKO:11039-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1415 of 2025 Petitioner :- Vikku Alias Virendra Singh And 7 Others Respondent :- State Of U.P. Thru. Its Prin. Secy. To The Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Pankaj Verma,Ashish Verma Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 06.02.2025, bearing Case Crime No.0089 of 2025, for the offence under Sections 191(2),191(3),115(2),352,110,309(4),324(4) of B.N.S.,2023 and Section 3(1)(da),3(1)(gha) of SC/ST Act registered at Police Station Kotwali Nagar, District Gonda. Learned counsel for the petitioners has submitted that the offences other than Section 309(4) of B.N.S., 2023, as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Now Bharatiya Nagarik Suraksha Sanhita,2023). Learned Additional Government Advocate appearing for respondent State on instructions states that Section 309(4) of B.N.S.,2023 has been dropped during course of the investigation. He has also given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners other than Section 309(4) of B.N.S.,2023, 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. 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. 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). (Syed Qamar Hasan Rizvi,J.) (Vivek Chaudhary,J.) Order Date :- 20.2.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench