Neutral Citation No. - 2025:AHC-LKO:28726-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4111 of 2025 Petitioner :- Ashish Sonkar Respondent :- State Of U.P. Thru. Principal Secretary, Home, Lko And 2 Others Counsel for Petitioner :- Prateek Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 25.03.2024 registered as Case Crime/F.I.R. No. 48 of 2024 under Sections 147, 323, 506, 308 of the I.P.C., police station Kaiserbagh, district Lucknow. 3. Learned counsel for the petitioner has submitted that the offences as alleged in the 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 mandate of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of the Investigating Agency that because the offence allegedly committed by the petitioner entails sentence of less than seven years, provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgement 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in the case of Arnesh Kumar(supra). . [Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi, J.] Order Date :- 15.5.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench