Neutral Citation No. - 2025:AHC-LKO:47435-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7381 of 2025 Petitioner :- Muhammad Umar Khan @ Umar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ashish Raman Mishra 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 respondents 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 thereby quashing the impugned First Information Report lodged by the opposite party no.3 on 15.07.2025 at about 18:00 hours at F.I.R. No.0216 of 2025, Case Crime No.0216 of 2025, Under Sections- 75, 352, 351(3), 333, 115(2) B.N.S. & 7 and 8 of P.O.C.S.O. Act, 2012, Police Station- Kaiserganj, District- Bahraich, contained as Annexure No.1 to the writ petition, in respect of petitioners. (ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 not to arrest or adopt any coercive measures against the petitioners on the basis of First Information Report lodged by the opposite party no.3 on 15.07.2025 at about 18:00 hours at F.I.R. No.0216 of 2025, under Sections- 75, 352, 351(3), 333, 115(2) B.N.S. & 7 and 8 of P.O.C.S.O. Act, 2012, Police Station- Kaiserganj, District- Bahraich, contained as Annexure No.1 to the writ petition, in respect of petitioners. (iii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to comply with the mandatory provision of Section 35()1) B.N.S.S. 2023 in respect of petitioners." 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 has given a statement on behalf of investigating agency that because the offences allegedly committed by 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 19.08.2025 at 11.00 AM sharp for the purpose to cooperate in the investigation. 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. Order Date :- 12.8.2025 Abhishek Gupta/Manoj (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench