Neutral Citation No. - 2025:AHC-LKO:45456-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7047 of 2025 Petitioner :- Golu Singh @ Shashivir Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Others Counsel for Petitioner :- Ravi Kant Pandey 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, 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 certiorari quashing the impugned First Information Report dated 28.7.2025 lodged by opposite party No.4 in FIR/Case Crime No.590/2025, under sections 115(2), 352, 351(2), 324(4) BNS, Police Station Kotwali Nagar, District Sultanpur (so far it relates with the petitioner), as contained in Annexure No. 1 to the writ Petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties to comply with the provision of section 35 BNSS read with old corresponding section 41-A Cr.P.C and not to arrest the petitioner on the basis of impugned first Information Report dated 28.7.2025 lodged by opposite party No.4 in FIR/Case Crime No.590/2025, under sections 115(2), 352, 351(2), 324(4) BNS, Police Station Kotwali Nagar, District Sultanpur, as contained in Annexure No. 1 to the writ Petition." 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 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 petitioner, 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. 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 petitioner 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, he 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