Neutral Citation No. - 2025:AHC-LKO:44743-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6979 of 2025 Petitioner :- Rishabh Upadhyay And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others Counsel for Petitioner :- Ashish Kumar Pandey,Ashish Verma,Manvendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,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 to 3 and perused the record. In view of the order proposed to be passed issuance of notice to the opposite party no. 4 is dispensed with. The instructions are kept on record. 2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 20.07.2025 bearing No.218 of 2025, under Sections 3 (5), 115 (2), 117 (2), 351 (2), 352 of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(d) and 3(2)(va) SC/ST Act, Police Station Patti, District Patti. 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.] [Sangeeta Chandra, J.] Order Date :- 1.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench