Neutral Citation No. - 2025:AHC-LKO:14474-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2029 of 2025 Petitioner :- Ram Naresh Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- O.P. Tiwari 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 17.11.2024 bearing F.I.R./Case Crime No. 0486 of 2024 for the offence under Sections 281, 106(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS) (Corresponding Sections 279, 304A of I.P.C.), registered at Police Station Gangaghat, District Unnao. 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 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 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench