Neutral Citation No. - 2025:AHC-LKO:45511-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7036 of 2025 Petitioner :- Chander @ Ram Chander Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Madhavendra Nath Misra,Pankaj Chaudhary Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Gautam Mishra, learned counsel for the petitioner, Sri Bipul Kumar, learned State Law Officer 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 FIR/Case Crime No. 0195 of 2025, for the offence under Section 115(2)/352/351(3)/333 of Bhartiya Nayay Sanhita (BNS), 2023 registered at P.S. Huzupur, District Bahraich. 4. Learned AGA has informed that the investigation has completed and charge-sheet has been submitted before the supervisory authority. 5. 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 Nayay Sanhita (BNS), 2023. 6. 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 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. 7. 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. 8. 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 Arnesh Kumar (supra) and Satender Kumar Antil (supra). . [Syed Qamar Hasan Rizvi,J. ] [Rajesh Singh Chauhan, J.] Order Date :- 5.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench