Neutral Citation No. - 2025:AHC-LKO:37498-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5663 of 2025 Petitioner :- Siddha Nath And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Others Counsel for Petitioner :- Sandeep Kumar(Trivedi) Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A. appearing on behalf of opposite parties no.1 to 3. 2. There is no need to issue notice to the Opposite party no.4, hence the same is dispensed with. 3. This petition has been filed with the following main prayers :- (i) a writ, order or direction in the nature of certiorari quashing the First Information Report No. as FIR No.222 of 2025, under Section 316 (2), 352, 351 (3), 131, 3 (5) BNS, police station Asandra, District Barabanki as contained in Annexure No.1 to this writ petition. (ii) directing/ commanding the opposite parties no.1 to 3 not to arrest the petitioners against the impugned FIR under section 316 (2), 352, 351 (3), 131, 3 (5) BNS, police station - Asandra, District - Barabanki. 4. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. 5. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 3.7.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench