Neutral Citation No. - 2025:AHC-LKO:45487-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7065 of 2025 Petitioner :- Sunil Nishad And Others Respondent :- State Of U.P. Thru. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Rakesh Kumar 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 petitioners, learned A.G.A. for the State-respondents and perused the material placed on record. 2. In view of the proposed order being passed, notice to respondents No. 4 is hereby dispensed with. 3. This writ petition has been filed with the following main prayers:- "(I) Issue a writ order or direction in the nature of writ of Certiorari quashing the impugned first information report No.0158 of 2025 dated 21.07.2025 under section U/s 115(2).351(3),352,125 B.N.S. 2023, P.S. Karaundikala, District contained in Annexure No.1 to the writ petition. Sultanpur, as contained in Annexure No. 1 to the writ petition. (II) Issue a writ order or direction in the nature of writ of MANDAMUS thereby commanding to opposite parties particularly the opposite party no. 2 and 3 not to arrest the petitioners or take any no coercive measures against petitioner in Crime No 0158 of 2025 dated 21.07.2025 under section U/s 115(2),351(3),352,125 B.N.S. 2023, P.S. Karaundikala, District Sultanpur, during pendency of the present writ petition in pursuance of impugned F.I.R. in the interest of justice." 4. 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. 5. Learned Additional Government Advocate appearing for respondent-State 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) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by the 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 petitioners 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 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 13.08.2025 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, the protection of this order would not be available to them. (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Order Date :- 5.8.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench