Neutral Citation No. - 2025:AHC-LKO:45972-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7054 of 2025 Petitioner :- Vinay Gupta And Others Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Home Lko. And Others Counsel for Petitioner :- Ujjwal Kirti Bisen,Bahar Ali,Umesh Singh Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Bahar Ali, learned counsel for the petitioners, Sri G.D. Bhatt, learned AGA for the State and perused the record. 2. Sri Rajat Pratap Singh, learned counsel has put in appearance on behalf of opposite party No.3 by filing his Valakatnama, same is taken on record. 3. At the very outset, Sri G.D. Bhatt, learned AGA has informed on the basis of specific instructions from Sri Manoj Kumar, Investigating Officer, Police Station Kotwali, District Ayodhya that during the course of investigation Section 109(1) B.N.S. has been dropped and in the remaining sections punishment is up to seven years. 4. The aforesaid instructions dated 06.08.2025 is kept on record. 5. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 17.07.2025 bearing FIR/Case Crime No.0406 of 2025, for the offence under Sections 191(2), 115(2), 109(1), 118(1) of Bhartiya Nayay Sanhita (BNS), 2023 registered at Police Station Kotwali, District Ayodhya. 6. 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 them, which is against the mandates of Code of Criminal Procedure. 7. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in re: Satender Kumar Antil vs.CBI and others in Special Leave to Appeal (Criminal) No.5191 of 2021 and a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 8. 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. 9. 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 case of Satender Kumar Antil (supra) and Arnesh Kumar (supra). 10. However, it is directed that the petitioners 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, they shall continue to cooperate in the investigation till its completion. Failing which, the aforesaid protection may be withdrawn on the application being filed by the prosecution or the complainant. Order Date :- 7.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench