HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7560 of 2025 Court No. - 9 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 quashing the impugned First Information Report dated 16.07.2025, registered as First Information Report No. 0245 of 2025 Under Section 115(2), 352, 351(3) BNS at Police Station- Hardi, District Bahraich as contained in Annexure No.1 to this writ petition. ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 16.07.2025, registered as First Information Report No. 0245 of 2025 Under Section 115(2), 352, 351(3) BNS at Police Station Hardi, District Bahraich as contained in Annexure No. 1 to this writ petition." 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. Versus Counsel for Petitioner(s) : Sheikh Mohammad Ali Counsel for Respondent(s) : G.A. Gulam Saiyyad And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Respondent(s) 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 02.09.2025 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. August 27, 2025 Abhishek Gupta CRLP No. 7560 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench