Neutral Citation No. - 2025:AHC-LKO:43362-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6725 of 2025 Petitioner :- Jaya Srivastav Respondent :- State Of U.P. Thru. Commissioner Of Police Lko And 2 Others Counsel for Petitioner :- Anjum Ara,Mohammad Irfan Siddiqui 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 16.05.2025 lodged by opposite party no.3, in FIR No.0161 of 2025, under Section 318(4) of BNS at Police Station Gajipur, District Lucknow, in the interest of justice annexed 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 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. 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 (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