HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7428 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Deo Prakash Srivastava, learned counsel for the petitioners, Sri G. D. Bhatt, learned A.G.A. for the State-respondents and Sri Prashant Shukla, learned counsel for the respondent No. 4, who has filed counter affidavit which is taken on record. 2. This writ petition has been filed with the following main prayer:- " (i) To issue, a writ order or direction in the nature of Certiorari quashing the First Information Report dated 26.07.2025 lodged vide Crime Case /FIR No.0289/2025 under section 109, 115(2), 117(2), 191(2), 191(3), 351(3) & 352 of the Bharatiya Nyaya Sanhita (BNS), 2023 relating to Police Station Vibhuti Khand, Lucknow Poorvi (Commissionerate Lucknow), District Lucknow so far as related to the applicants. (ii.) To issue a writ, order or direction in the nature of Mandamus thereby directing to the concern opposite parties to not arrest the petitioners in Case Crime /FIR No.0289/2025 under section 109, 115(2), 117(2), 191(2), 191(3), 351(3) & 352 of the Bharatiya Nyaya Sanhita (BNS), 2023 relating to Police Station Vibhuti Khand, Lucknow Poorvi (Commissionerate Lucknow), District Lucknow." 3. At the very outset, learned A.G.A. has stated that during the course of investigation, Section 109 BNS has been dropped. He has further submitted that the remaining sections are having punishment up to seven years. Versus Counsel for Petitioner(s) : Deo Prakash Srivastava, Shubhangi Dwivedi Counsel for Respondent(s) : G.A., Prashant Shukla Neelam Yadav @ Wife Of Sachin Yadav And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Affairs Lko. And Others .....Respondent(s) 4. 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 Bhartiya Nagrik Suraksha Sanhita. 5. Additional Government Advocate appearing for State-respondents 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, 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 petitioners 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 Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 05.09.2025 at 11.00 AM to co-operate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion or filing of police report, failing which, the protection of this order would not be available to them. . September 1, 2025 (Manoj K.) CRLP No. 7428 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench