Neutral Citation No. - 2025:AHC-LKO:46216-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7222 of 2025 Petitioner :- Shuchi Gautam Respondent :- State Of U.P. Thru. Secy. Deptt. Home Lko. And 3 Others And 3 Others Counsel for Petitioner :- Anand Kumar Srivastava,Ankur Yadav 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 26.7.2025 bearing FIR/Case Crime No. 566 of 2025, for the offence under Section 299,353(2) of Bhartiya Nayay Sanhita (BNS), 2023 and section 67 of Information Technology (Amendment) Act, 2008 registered at Police Station Akbarpur, District Ambedkar Nagar. 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 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 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 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. However, It is directed that the petitioner 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, he 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