HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7636 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 02.08.2025 bearing F.I.R. No.0131/2025, under Sections 191(2), 115(2), 352 and 351(3) of Bhartiya Nagrik Suraksha Sanhita, 2023, Police Station - Hanswar, District - Ambedkar Nagar lodged by opposite party no.4. 3. Learned counsel for the petitioners has submitted that the offences as alleged in F.I.R. 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 Code of Criminal Procedure. 4. Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 5. Considering the stand of the investigating agency, this petition is Versus Counsel for Petitioner(s) : Ambuj Vishwakarma, Karam Chand Yadav Counsel for Respondent(s) : G.A. Vikramajit And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko. And Others .....Respondent(s) disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). August 27, 2025 A.Dewal CRLP No. 7636 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench