Neutral Citation No. - 2025:AHC-LKO:44399-DB Court No. - 11 Case :- CRIMINAL MISC. WRIT PETITION No. - 6894 of 2025 Petitioner :- Kamalkant @ Pushpendra Kumar And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Shailendra Kumar Tiwari,Vineet Kumar Bajpai Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State-opposite parties no.1 and 2 and perused the record. In view of the order proposed to be passed issuance of notice to the opposite party no. 3 is dispensed with. 2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 17.07.2025 bearing No.0263 of 2025, under Sections191 (2), 191 (3) 190, 333, 110, 115(2), 118 (1), 352, 351 (3), 117 (2) of Bharatiya Nyaya Sanhita, 2023 Police Station Colonelganj, District Gonda. 3. 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 the petitioners, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned AGA appearing for the State/opposite parties has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners entail sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273. 5. 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. 6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra). [Brij Raj Singh, J.] [Rajesh Singh Chauhan,J.] Order Date :- 31.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench