Neutral Citation No. - 2025:AHC-LKO:46797-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7172 of 2025 Petitioner :- Brijesh Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Kavita Mishra,Aseem Misra,Shahid Salam Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioners, Sri G.D. Bhatt, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 27.07.2025 bearing FIR/Case Crime No.0265 of 2025, for the offence under Sections 191(2), 115(2), 352, 351(3), & 74 of Bhartiya Nayay Sanhita (BNS), 2023 and Section 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Banthra, District Lucknow. 3. Learned counsel for the petitioners 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 them, which is against the mandates of Code of Criminal Procedure. 4. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, 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 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. 5. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts. 6. 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). 7. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 18.08.2025 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 not be available to them. Order Date :- 11.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench