Neutral Citation No. - 2025:AHC-LKO:34317-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4729 of 2025 Petitioner :- Mohammad Talib Respondent :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dildar Khan,Rehan Ahmad Siddiqui Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, 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 14.05.2025 bearing FIR/Case Crime No.0013/2025, for the offence under Section 196 of Bhartiya Nayay Sanhita (BNS), 2023 and Section 67 of I.T. Act, registered at Police Station Cyber Crime Police, District Pratapgarh. 3. Learned counsel for the petitioner 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 him, which is against the mandates of Code of Criminal Procedure. 4. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, 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 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) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). 7. However, It is directed that the petitioner 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, he shall continue to cooperate in the investigation till its completion. Failing which, the protection of this order would not be available to him. 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