Neutral Citation No. - 2025:AHC-LKO:48004-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7156 of 2025 Petitioner :- Amit @ Tunna And 2 Others Respondent :- State Of U.P. Thru Addl. Chief Secretary Home And 3 Others Counsel for Petitioner :- Prabhakar Pandey,Anupam Singh,Gyanendra Pandey Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1.This petition has been filed through E-mode. Learned counsel for the petitioners has provided the photocopy of the hard copy of the writ petition, same is taken on record. 2. Heard Sri Prabhakar Pandey, learned counsel for the petitioners, Sri G.D. Bhatt, learned A.G.A. appearing for the State/opposite parties and perused the record. 3. In view of the proposed order, notice to opposite party No. 4 is hereby dispensed with. 4. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 23.07.2025 bearing FIR/Case Crime No.0646 of 2025, for the offence under Sections 324(4), 309(6), 352, 351(3), 76 of Bhartiya Nayay Sanhita (BNS), 2023 registered at Police Station Sushant Golf City, District Lucknow. 5. Sri Bhatt, learned AGA has shown the instructions letter dated 12.08.2025 provided by Sri Sanjay Kumar Mishra, Sub Inspector/ Investigating Officer, Police Station Sushant Golf City, District Lucknow. As per the aforesaid instructions, during the course of investigation, Section 309(6) B.N.S. has been deleted and the remaining Sections are 324(4), 352, 351(3) & 76 B.N.S., wherein the punishment is up to seven years. 6. At this stage, 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. 7. 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. 8. 8. 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. 9. 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). 10. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 26.08.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion. Failing which, the protection so given in this order may be withdrawn on the application of the informant/complainant or the State. Order Date :- 18.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench