Neutral Citation No. - 2025:AHC-LKO:36190-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5422 of 2025 Petitioner :- Ashok Kumar Tiwari @ Deepu Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Anubhav Awasthi,Prashant Mishra,Rajeev Mishra,Varsha Pandey Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner, Sri Vijay Prakash Srivastava, learned counsel for the respondent no. 4 and learned AGA for the State. 2. Present petition seeks issuance of a writ in the nature of certiorari quashing FIR No.0153 of 2025, under Sections 316(2), 318(4), 352, 351(2) of B.N.S., Police Station Badosaray, District Barabanki. 3. Contention of learned counsel for the petitioner is that the offences alleged are punishable for a term less than seven years and the police is, however, trying to arrest the petitioner which is contrary to the mandate of Section 35(3) of BNSS. 4. In view of the specific directions of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, present petition is disposed off with direction that the police shall ensure strict compliance of Section 35(3) of BNSS while investigating the case. (Kshitij Shailendra, J) (Pankaj Bhatia, J) Order Date :- 24.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench