Neutral Citation No. - 2025:AHC-LKO:14549-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1848 of 2025 Petitioner :- Chand Babu @ Chandu Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others Counsel for Petitioner :- Rajendra Prasad Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 11.02.2025 bearing F.I.R./Case Crime No. 0028/2025 for the offence under Sections 74, 115(2), 352, 351(3), 331(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 7/8 of POCSO Act, registered at Police Station Jarwalroad, District Bahraich. 3. Learned counsel for the petitioner 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 him, which is against the mandates of Code of Criminal Procedure. 4. Learned A.G.A. further states that Section 331(4) of BNS has been invoked during course of investigation. Counsel for the petitioner states that there is no allegation of any theft and, hence, under Section 331(4) BNS also the first portion will apply which is having a term of five years and not the second portion with regard to intention of committing of theft which is punishable by 14 years. 5. 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 petitioner, 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. 6. Considering the stand of the investigating agency, learned counsel for the petitioner states that let 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) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). (Ajai Kumar Srivastava-I, J.) (Vivek Chaudhary, J.) Order Date :- 10.3.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench