Neutral Citation No. - 2025:AHC-LKO:34840-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5068 of 2025 Petitioner :- Abhinav Garg Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Alok Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Alok Kumar Tripathi, learned counsel for the petitioner, Ms. Ranjana Srivastava, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. In view of the proposed order notice to opposite party No.5 is hereby dispensed with 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 18.02.2025 bearing FIR/Case Crime No. 0123/2025, for the offence under Sections 351(2) and 352 of BNS, 2023 registered at Police Station Madiyaon, District Lucknow. 4. 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. 5. 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 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 petitioner 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 cooperate in the investigation till its completion. Failing which, the protection of this order would not be available to him. . (R.M.N. Mishra, J.) (Rajesh Singh Chauhan, J.) Order Date :- 6.6.2025 A.K. Singh Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench