HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7613 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1.Heard Sri Anil Kumar Awasthi, learned counsel for the petitioners and Sri Akhilesh Kumar Srivastava, learned Additional Government Advocate appearing for the State- opposite parties No.1 to 3 and perused the record. 2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 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 for quashing the First Information Report dated 02.08.2025, as Case Crime No.0322 of 2025, under Sections 115(2), 352, 351(3), 304(2) & 109 B.N.S., 2023, Police Station-Salon, District-Raebareli, as contained in Annexure No.1 to the writ petition. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party Nos.1 to 3 not to arrest the petitioners in Case Crime No.0322 of 2025, under Sections 115(2), 352, 351(3), 304(2) & 109 B.N.S., 2023, Police Station- Salon, District-Raebareli, as contained in Annexure No.1 to the writ petition." 4. Learned counsel for the petitioners 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 them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5.Learned Additional Government Advocate, on the basis of instructions, has informed that during the course of investigation, Sections 109 and 304(2) B.N.S. have been dropped and in the remaining Sections, the punishment is upto seven years. 6. Learned Additional Government Advocate has given a statement on behalf of Versus Counsel for Petitioner(s) : Ganga Singh, Anil Kumar Awasthi, Praveen Kumar Srivastav Counsel for Respondent(s) : G.A. Mansha Devi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s) Investigating Agency that because the offence allegedly committed by the petitioners, 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. 7. 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. 8. 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). 9. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 16.09.2025 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, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. September 11, 2025 Suresh/ CRLP No. 7613 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench