Neutral Citation No. - 2025:AHC-LKO:43664-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6679 of 2025 Petitioner :- Asheesh Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Suresh Kumar Yadav,Poonam Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Ashvani Kumar Yadav, Advocate, who has filed power on behalf of the informant. 2. This petition has been filed with the following main prayer:- "Issue a Writ in the nature of Certiorari for quashing the impugned First Information Report dated 11.07.2025 (Annexure No.1) vide Case Crime No.342 of 2025, Under Section 76, 109, 131, 115(2), 117(2), 309(5), 352, 351(3), 333, 324(4), 3(5) of B.N.S. lodged at Police Station- Safdarganj, District- Barabanki." 3. Learned counsel for the petitioners says that the injuries as mentioned in the F.I.R. are all self- inflicted. 4. Learned A.G.A. has produced before this Court instructions dated 22.07.2025 sent by Sri Abhimanyu Singh, Sub Inspector, P.S. Safdarganj, Barabanki, wherein it has been stated that during the course of investigation, no credible evidence could be found against the petitioner to invoke Section 109/309(5) of the B.N.S., and it was deleted. 5. Since all the sections now invoked against the petitioners carry a punishment upto seven years and, therefore, the petitioners are entitled for the benefit of the judgement rendered by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. 6. 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 :- 29.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench