Neutral Citation No. - 2025:AHC-LKO:13968-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1920 of 2025 Petitioner :- Akash Patel And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Shashi Dev Akela,Raghvendra Singh,Saheb Hussain Khan,Tushar Manjhwar Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,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 14.07.2024 registered as Case Crime No.221 of 2024, under Sections 352, 351(2), 115(2) of the Bhartiya Nyay Sanhita (B.N.S.), 2023, Police Station Mailani, District Lakhimpur Kheri, 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 him, which is against the mandates of Code of Criminal Procedure. 4. Learned Additional Government Advocate 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). (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 6.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench