Neutral Citation No. - 2025:AHC-LKO:28735-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4132 of 2025 Petitioner :- Krishna Mohan Mishra And 3 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Manish Tiwari,Rajendra Kumar Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of the order proposed to be passed, issuance of notice to the opposite party no. 4 is dispensed with. 3. This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 3.5.2025 registered as Case Crime/F.I.R. No. 0095 of 2025 under Sections 352, 115(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)da, 3(1)gha of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, police station Itiyathok, district Gonda. 4. Learned counsel for the petitioners 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. 5. 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 petitioners 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. 6. 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. 7. 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