Neutral Citation No. - 2025:AHC-LKO:43156-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6708 of 2025 Petitioner :- Arun Kumar Chaturvedi (In Fir Arun Chatruvedi) Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ram Bux Rawat 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 and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 18.03.2025, bearing F.I.R./Case Crime No.0090 of 2025, for the offence under Sections 316(4) BNS., 2023 registered at Police Station Gauriganj, District Amethi, contained as Annexure 1 to the writ petition. 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 him, which is against the mandates of Code of Criminal Procedure. 4. Learned AGA has produced copy of instructions dated 24.07.2025 sent by In-charge Inspector, Police Station Gauriganj, Amethi wherein it has been stated that Sections 317(2), 61(2) BNS has been added. However, we find that even these sections also carry punishment up to seven years. 5. Learned Additional Government Advocate appearing for respondent State has also 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 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 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. 6. 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. 7. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). Order Date :- 25.7.2025/Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench