Neutral Citation No. - 2025:AHC-LKO:41415-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6453 of 2025 Petitioner :- Nishchay Narain Mishra @ Arihant Mishra Respondent :-State Of U.P.Thru. Prin. Secy. Home Deptt.Lko. and others Counsel for Petitioner :- Ashish Raman Mishra Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,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 07.07.2025, bearing Case Crime/F.I.R No.0268 of 2025, for the offence under sections 352, 351(3), 131 of B.N.S, registered at Police Station-Kotwali Dehat, District-Bahraich. 3. Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. have 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 Code of Criminal Procedure (Now Bharatiya Nagarik Suraksha Sanhita, 2023). 4. Learned 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 41-A Cr.P.C., corresponding section 35(3) of Bharatiya Nagarik 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 41-A Cr.P.C, corresponding section 35(3) of B.N.S.S. and the law as laid down by the Hon'ble Apex Court in the case of Arnesh Kumar (supra). (Shree Prakash Singh, J.) (Attau Rahman Masoodi, J.) Order Date :- 18.7.2025/akhilesh Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench