Neutral Citation No. - 2025:AHC-LKO:46384-DB Court No. - 9 (C.M. Application (IA) No.02 of 2025) In Re:- Case :- CRIMINAL MISC. WRIT PETITION No. - 6926 of 2025 Petitioner :- Krishna Gopal Shukla And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Govt. Lko And 3 Others Counsel for Petitioner :- Mohd. Salman,Ana Fatma,Mukhtar Ahamad Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Mr. Mohd. Salman, learned counsel for the petitioners and Sri G.D. Bhatt, learned Additional Government Advocate for the State-opposite parties. 2. Learned counsel for the petitioners has filed the amendment application, the same is taken on record. 3. Office is directed to allot the application number. 4. After considering the arguments of learned counsel for the petitioners, the amendment application is allowed. 5. Let the necessary amendments be carried out, during the course of day. Order on the Writ Petition 6. Heard Mr. Mohd. Salman, learned counsel for the petitioners and Sri G.D. Bhatt, learned Additional Government Advocate for the State-opposite parties. 7. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with. 8. By means of this writ petition, the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned First Information Report (in short F.I.R.) dated 01.07.2025 registered at FIR/Case Crime No.0374 of 2025, under Sections 115(2), 352, 351(3), 333, 324(4) & 117(2) of Bharatiya Nyaya Sanhita, Police Station- Gangaghat, District- Unnao (Annexure No.1). 9. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 10. Learned Additional Government Advocate appearing for opposite parties-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021: (2022) 10 SCC 51. 11. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts. 12. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra). 13. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 18.08.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan,J.] Order Date :- 8.8.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench