Neutral Citation No. - 2025:AHC-LKO:45530-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7116 of 2025 Petitioner :- Arjun And 6 Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Shikhar Raj Singh,Deepak Verma,Mohd.Gulfam Siraj Counsel for Respondent :- C.S.C. 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 Certiorari quashing the impugned First Information Report Dated 22/07/2025, registered at Police Station Nigohan, Lucknow South (Commissionerate Lucknow), District Lucknow Under Sections 498-A, 308, 323, 504, 506 of I.P.C. and 3/4 D.P. Act as FIR/Crime No. 0130 of 2025 by the Opposite Party No. 3, so far as it relates to the petitioners, as contained in already annexed Annexure No. 1 to this Writ Petition. (II) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioners on the basis of impugned First Information Report Dated 22/07/2025, registered at Police Station Nigohan, Lucknow South (Commissionerate Lucknow), District Lucknow Under Sections 498-A, 308, 323, 504, 506 of I.P.C. and 3/4 D.P. Act as FIR/Crime No. 0130 of 2025 by the Opposite Party No. 3." 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. 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