Neutral Citation No. - 2025:AHC-LKO:14490-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1996 of 2025 Petitioner :- Aditya Giri @ Aditya Prasad And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Dinesh Kr. Chaudhary Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard Sri Upendra Kumar Singh, Advocate holding brief of Sri D.K. Chaudhary, learned counsel for the petitioners, 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 22.02.2025 bearing F.I.R./Case Crime No.0024 of 2025 for the offence under Sections 121(1), 126(2), 115(2), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 (BNS) and 3(1)(gha) and 3(2)(va) SC/ST Act, Police Station Laliya, District Balrampur. 3. 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/ Bharatiya Nyaya Sanhita, 2023. 4. 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. 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 (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 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench