Neutral Citation No. - 2025:AHC-LKO:46167-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7070 of 2025 Petitioner :- Dhruva Kumar Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko And Others Counsel for Petitioner :- Palak Jawa,Akshay Kumar Singh 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 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 20.7.2025 bearing FIR/Case Crime No. 212 of 2025, for the offence under Section 406, 323, 506 IPC, 1860 P.S. Cantt. District Ayodhya. 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. Learned counsel for the petitioner has drawn attention of this Court towards Annexure no. 4 which is a copy of the statement being recorded by the present petitioner in the police station wherein he has stated that he has got no relation with his son. He has already ousted him from his property. Learned counsel has submitted that even if further statement of the present petitioner is required to be recorded he will record the same but this is a case where the final report should be filed in favour of the petitioner. 9. Having considered the aforesaid statement of learned counsel for the petitioner the petitioner is permitted to appear before the Investigating Officer on 13.8.2025 at 11.00 A.M. sharp to record his statement. If the investigating officer finds that the present petitioner has nothing to do with his son who might be an accused person and the present petitioner is not the beneficiary of the misdeeds of his son, then the police report may be filed to that effect. 10. It is made clear that in any case the present petitioner may not be harassed unnecessarily by the police. 11. However, It is directed that the petitioner 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 :- 7.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench