Neutral Citation No. - 2025:AHC-LKO:12564-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1788 of 2025 Petitioner :- Virendra Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sudhakar Mishra 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 during the course of investigation, Section 110 and 117(2) of B.N.S. has added in this case. 2. Learned counsel for the petitioners prays to correct the relief clause/prayer during course of the day. 3. Permission is granted. 4. Let necessary correction in the relief clause be made by learned counsel for the petitioners during the course of the day. 5. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 6. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 31.12.2024 bearing F.I.R./Case Crime No. 0624 of 2024, for the offence under Sections 115(2), 352, 351(2), 118(1), 110 and 117(2) of Bharatiya Nyaya Sanhita, 2023 (BNS), registered at Police Station Gurubuxganj, District Raebareli. 7. Learned counsel for the petitioners 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 them, which is against the mandates of Code of Criminal Procedure. 8. 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 (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. 9. 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. 10. 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 :- 3.3.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench