Neutral Citation No. - 2025:AHC-LKO:34315-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4720 of 2025 Petitioner :- Alakh Ram And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Alok Kumar Yadav 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 and Sri S. P. Singh, learned Additional Government Advocate for the State. 2. In view of the order proposed to be passed, the notice to opposite party No.4 is hereby dispensed with. 3. This petition seeks issuance of a writ in the nature of certiorari for quashing the First Information Report (in short F.I.R.). dated 12.05.2025 registered as F.I.R./Case Crime No.0215 of 2025, under Sections 191(2),191(3),115(2), 352, 351(2), 118(1) BNS, 2023 & Section 3(1)Da, 3(1)Gha, SC/ST, Act, Police Station Bhinga, District-Shrawasti. 4. At the very outset, learned counsel for the petitioners has submitted that the offence allegedly committed entails maximum imprisonment of seven years and as such the Investigating Officer be directed to take recourse to the procedure provided under Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 (In short "BNSS, 2023"). In support of his contention, he has placed reliance upon the case of Apex Court in re: Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. 5. In the case of Arnesh Kumar (supra), the Apex Court has held that the police officers should not automatically arrest the accused when the offence with which the accused is charged provides for a maximum punishment of imprisonment which may extend to seven years and fine. It was held that in such cases, the power of arrest should be exercised only when the conditions enumerated in Section 35(3) of the B.N.S.S. are satisfied. The Court then took into account the provisions of Section 35(3) of the B.N.S.S. and held as under: "The aforesaid provision makes it clear that in all cases where the arrest of a person is not required under Section 41(1) CrPC, the police officer is required to issue notice directing the accused to appear before him at a specified place and time. Law obligates such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the police officer is of the opinion that the arrest is necessary. At this stage also, the condition precedent for arrest as envisaged under Section 41 CrPC has to be complied with and shall be subject to the same scrutiny by the Magistrate as aforesaid." 6. In view of the prayer made by the learned counsel for the petitioners, this writ petition is finally disposed of with a direction to the Investigating Officer to take action only after complying with the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 (B.N.S.S.), in case the offences under investigation entails fine and maximum imprisonment upto seven years. 7. However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 10.06.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion. Failing which, the protection of this order would not be available to them. Order Date :- 3.6.2025 Reena/- (Ram Manohar Narayan Mishra,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench