Neutral Citation No. - 2025:AHC-LKO:47327-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7171 of 2025 Petitioner :- Dharmendra Bajpai @ Vivek Bajpai Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Prabhat Kumar Mishra,Abdul Ahad,Jatin Raheja,Shobhit Harsh Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Prabhat Kumar Mishra, learned counsel for the petitioner, Shri Ashok Kumar Singh, 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 18.4.2025 lodged by opposite party No.4 in FIR/Case Crime No.0077/2025, under sections 79, 351 (2) of the B.N.S., 2023 and Section 66 E of the Information Technology Act, 2000, Police Station Talkatora, District Lucknow, as contained in Annexure No. 1 to the writ Petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioner in Case Crime No. 77 of 2025, under Sections 79, 351 (2) of the B.N.S., 2023 and Section 66 E of the Information Technology Act, 2000, Police Station Talkatora, District Lucknow." 4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term having less than seven years imprisonment, whereas, the police is trying to arrest him, 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 petitioner, entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to 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 settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioner states that 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, the petitioner is directed to appear before the Investigating Officer of the concerned police station on 20.08.2025 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 interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant. . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan, J.) Order Date :- 13.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench