Neutral Citation No. - 2025:AHC-LKO:37234-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5844 of 2025 Petitioner :- Kenneth John Ashish Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Lakshmi Kant Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-opposite parties no.1 to 3 and perused the record. 2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 30.04.2025 bearing No.0072 of 2025, under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Kaiserbagh, District Lucknow. 3. Learned counsel for the petitioner has submitted that the offence as alleged in FIR has maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest the petitioner, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned AGA appearing for the State/opposite parties has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners entail sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273. 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) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra). . (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 1.7.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench