Neutral Citation No. - 2025:AHC-LKO:43369-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6732 of 2025 Petitioner :- Ronit Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Bheem Singh,Brij Bhushan Singh,Pranjal Apurva 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 writ petition has been filed with the following main prayer:- "(i) issue a writ, order or direction in the nature of certiorari for quashing the impugned FIR dated 06.07.2025 as Case Crime/FIR No.0157 of 2025, under Sections 281 and 117(2) of BNS registered at Police Station Mahanagar, District Lucknow annexed as Annexure no.1." 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 26.07.2025 sent by Sub-Inspector, Police Station Mahanagar, District Lucknow wherein it has been stated that investigation shall be completed expeditiously. Instructions are kept on record. 5. 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 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 :- 28.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench