Neutral Citation No. - 2025:AHC-LKO:13752-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1914 of 2025 Petitioner :- Altaf Kureshi @ Alatap Respondent :- State Of U.P. Thru. Addl. Chief. Secy. Home Deppt. Lko.And 3 Others Counsel for Petitioner :- Shailendra Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner, learned AGA for the State-opposite parties and perused the record. 2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 28.12.2024 bearing No.856 of 2024 for the offences under Sections 223(b), 285, 191, 189(1), 270 of Bharatiya Nyaya Sanhita, 2023, Section 7 of Criminal law Amendment Act, 1932, Police Station Mohammadpur, District Barabanki. 3. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest the petitioner, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned AGA appearing for the State-opposite parties has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioner entail sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of the 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 petitioner 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 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra). . (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 6.3.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench