Neutral Citation No. - 2025:AHC-LKO:34915-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4474 of 2025 Petitioner :- Mata Prasad Dixit And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And 3 Others Counsel for Petitioner :- Ashish Mishra Atal Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. In view of the proposed order, the notice to opposite party No.4 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 13.05.2025 (Annexure No.1) bearing FIR/Case Crime No.0160/2025, under Sections 316(2), 319(2), 318(4), 352 & 351(2) of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S.), Police Station-Hargaon, District-Sitapur. 4. Learned counsel for the petitioners has submitted that the offences as alleged in FIR 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. 5. Additional Government Advocate appearing for State/opposite parties 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) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India reported in re: Satendra Kumar Antil vs. CBI and others in Special Leave to Appeal (Criminal) No. 5191 of 2021 and (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) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Satendra Kumar Antil (supra) and Arnesh Kumar (supra). 8. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 13.06.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to appear before the Investigating Officer to cooperate in the investigation till its completion, failing which, the protection of this order would not be available to them. . [Ram Manohar Narayan Mishra,J.] [Rajesh Singh Chauhan,J.] Order Date :- 6.6.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench