Neutral Citation No. - 2025:AHC-LKO:46481-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7146 of 2025 Petitioner :- Jitendra Singh Baghel Respondent :- State Of U.P. Thru. Prin. Secy, Home Lko. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava 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 Sri Bipul Kumar Singh, learned A.G.A. for the State-respondents as well as perused the material placed on record. 2. In view of the proposed order being passed, notice to respondents No. 3 is hereby dispensed with. 3. This writ petition has been filed with the following main prayer:- "(a) To issue a suitable writ, order or direction in the nature of Certiorari quashing the impugned First Information Report being Case Crime No. 0161/2025, under Section 351 (3) BNS & Section 66-C of I.T. Act, lodged at Police Station- Hazratganj, Lucknow dated 16.06.2025 as contained in Annexure No. 1. (b.) To issue a suitable writ, order or direction in the nature of Mandamus comman ding the opposite parties No. 1 & 2, not to proceed, prosecute or arrest the petitioner on the basis of First Information Report dated 16.306.2025." 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 Nagrik Suraksha Sanhita. 5. 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, 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. 6. Considering the 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, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 14.08.2025 at 11.00 AM 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. Order Date :- 8.8.2025 (Manoj K.) (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench