Neutral Citation No. - 2025:AHC-LKO:45343-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7030 of 2025 Petitioner :- Tekchand Respondent :- State Of U.P. Thru Secretary Home Deptt And 3 Others Counsel for Petitioner :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. This petition has been filed through e-mode. Learned counsel for the petitioner has provided photocopy of the original petition, the same is taken on record. 2. Heard Sri Shashank Shekhar Singh, learned counsel for the petitioner, Sri Ashok Kumar Singh, learned A.G.A. appearing for the State-opposite parties no.1 to 3 and perused the record. 3. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 4. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 10.07.2025 bearing FIR/Case Crime No.0277 of 2025, for the offence under Section 74 of BNS and Section 7/8 of POCSO Act, Police Station- Makhi, District- Unnao. 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 Nagrik Suraksha Sanhita. 6. Learned 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 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. 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 the Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 9. However, It is directed that the petitioner 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, he shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would not be available to him. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.] Order Date :- 5.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench