Neutral Citation No. - 2025:AHC-LKO:14514-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2013 of 2025 Petitioner :- Dev Tiwari @ Devendra Kumar Tiwari And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Dilip Kumar Pandey,Krishna Pratap Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard 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 01.03.2025 bearing F.I.R./Case Crime No. 48 of 2025 for the offence under Sections 308(2), 132, 221, 356(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66 (D) of I. T. Act, registered at Police Station Jagatpur, District Raibareli. 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. 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 petitioners, 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 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 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