Neutral Citation No. - 2025:AHC-LKO:47679-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7243 of 2025 Petitioner :- Bhola @ Bhola Ram And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Vivek Kumar Pandey,Neeraj Kumar Baghel Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Vivek Kumar Pandey, learned counsel for the petitioners, Sri Bhanu Pratap 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. By means of the present writ petition, the petitioners have assailed the impugned FIR dated 24.07.2025 bearing Case Crime No. 0187/25, under Sections 191(2), 324(2), 326(g), 74, 115(2), 351(3) BNS, Police Station Thangaon, District Sitapur. 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 them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for respondent-State, on the basis of the instructions, has submitted that Sections 326(g), 74 and 324(2) of BNS have been deleted from the FIR and remaining sections against the petitioners 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 petitioners 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 petitioners are directed to appear before the Investigating Officer of the concerned police station on 20.08.2025 at 11.00 AM sharp to cooperate in the investigation and get recorded their statement. Thereafter, they 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 :- 14.8.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench