Neutral Citation No. - 2025:AHC-LKO:48334-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7244 of 2025 Petitioner :- Mazin Khan @ Mohammad Mazin Khan Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Ramesh Gupta,Akhtar Ali,Sheikh Mohammad Ali Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Mr. Sheikh Mohammad Ali, learned counsel for the petitioner, Shri G.D. Bhatt, learned Additional Government Advocate appearing for the State-opposite parties No.1 to 3 and Shri Sonu Gupta, learned counsel, who has filed Vakalatnama on behalf of the opposite party No.4, the same is taken on record. 2. Mr. Sheikh Mohammad Ali, learned counsel for the petitioner has filed supplementary affidavit explaining the criminal history of the present petitioner saying that in the earlier case the petitioner has been given benefit of the judgment of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 vide order dated 09.11.2023 passed in Criminal Misc. Writ Petition No.8681 of 2023. The same is taken on record. 3. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 02.08.2025 registered as FIR/Case Crime No.0215 of 2025, under Sections 352, 351(3) & 308(2) of Bharatiya Nyaya Sanhita, Police Station- Hazratganj, District-Lucknow, as contained in Annexure No.1 to this writ petition, so far as it relates to the present petitioner. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 02.08.2025 registered as First Information Report No.0215 of 2025, for the offence punishable under Sections 352, 351(3) & 308(2) of Bharatiya Nyaya Sanhita, Police Station- Hazratganj, District-Lucknow, as contained in Annexure No.1 to this writ petition." 4. Learned counsel for the petitioner has submitted that the offences as alleged in the First Information Report 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. Learned Additional Government Advocate appearing for State-opposite parties has given a statement on behalf of Investigating Agency that because the offence allegedly committed by the petitioner, entails 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 let 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 the Apex Court in re; 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 25.08.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.] Order Date :- 19.8.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench