Neutral Citation No. - 2025:AHC-LKO:11588-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1556 of 2025 Petitioner :- Lakhjeet Singh @ Lakkha And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioners and learned AGA for the State-respondents as well as perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned FIR dated 09.02.2025 registered as FIR/Case Crime No.0044 of 2025, under Sections 3(5), 115(2), 333, 351(2) and 352 of Bhartiya Nayay Sanhita, 2023 (34, 323, 452, 506, 504 I.P.C.), Police Station - Kotwali Dehat, District - Sitapur, with further prayer to not arrest the petitioners in pursuance of the aforesaid FIR. 3. Learned counsel for the petitioners has submitted that the offences, as alleged in the 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 Code of Criminal Procedure/Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned A.G.A. appearing for the State-respondents has given a statement on behalf of the Investigating Agency that because the offence, allegedly committed by the petitioners, entails sentence of less than seven years, the provisions of Section 41-A of Cr.P.C. (Now Section 35(3) of BNSS, 2023) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another reported in (2014) 8 SCC 273. 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 41-A of Cr.P.C. (now Section 35(3) of B.N.S., 2023) and the law as laid down by the Apex Court in the case of Arnesh Kumar (supra). (Syed Qamar Hasan Rizvi, J.) (Vivek Chaudhary, J.) Order Date :- 24.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench