HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7563 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Avneesh Singh, learned counsel for the petitioner, Sri S.N. Tilhari, 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 26.07.2025 bearing FIR/Case Crime No.0213 of 2025, for the offence under Section 2/3 Prevention of Damage of Public Property Act, 1984 registered at Police Station Bazarshukl, District Amethi. 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 Code of Criminal Procedure. 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 judgment rendered by Hon'ble Supreme Court of India in re: Satender Kumar Antil vs.CBI and others in Versus Counsel for Petitioner(s) : Avneesh Singh Counsel for Respondent(s) : G.A. Jagannath .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) Special Leave to Appeal (Criminal) No.5191 of 2021 and a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 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 Satender Kumar Antil (supra) and Arnesh Kumar (supra). 8. However, the petitioner shall appear before the Investigating Officer on 17.09.2025 at 11:00 a.m. sharp to co-operate in the investigation and he shall further co-operate in the investigation proceeding till filing of the police report failing which protection of this order would be withdrawn on the application being moved by the prosecution or the informant. September 11, 2025 Reena/- CRLP No. 7563 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench