Neutral Citation No. - 2025:AHC-LKO:47374-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7184 of 2025 Petitioner :- Sunil Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ajay Vikram 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, 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 respondent 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 for quashing the first information report dated 27.07.2025 in Case Crime no. 0321/2025, under section 3(5), 126(2), 115(2), 110, B.N.S, Police Station- Lambhuva, District- Sultanpur, contained in Annexure No. 1, to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 3 not arrest the Petitioners in Case Crime no. 0321/2025, under section 3(5), 126(2), 115(2), 110, BNS, P.S. Lambhuva, District- Sultanpur, as contained in Annexure No. 1, to this writ petition." 4. Learned counsel for the petitioners 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 the petitioners, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for State-respondents 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. 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-stated 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 petitioners are directed to appear before the Investigating Officer of the concerned police station on 20.08.2025 at 11.00 a.m. to co-operate in the investigation. Thereafter, they shall continue to co-operate in the investigation till its completion or filing of police report, failing which, the interim protection granted in this order may be withdrawn on an appropriate application filed by the State or by the complainant. Order Date :- 13.8.2025 (Manoj K.) (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench