Neutral Citation No. - 2025:AHC-LKO:45733-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6988 of 2025 Petitioner :- Rajesh Kanaujiya Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Kunwar Ravi Prakash,Ram Sajiwan Yadav Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioner and Sri G.D. Bhatt, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. In view of the proposed order notice to opposite party no. 4 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 3.12.2023 bearing FIR/Case Crime No.662 of 2023, for the offence under Section 406, 420, 506 IPC, registered at Police Station Sushant Golf City, District Lucknow. 4. Learned counsel for the petitioner 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 him, which is against the mandates of IPC / Bhartiya Nayay Sanhita (BNS), 2023. 5. 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 41A IPC / 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. 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 41A IPC / 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 14.08.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would be withdrawn on the application being moved by the prosecution or the complainant. . [Syed Qamar Hasan Rizvi,J. ] [Rajesh Singh Chauhan, J.] Order Date :- 6.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench