Neutral Citation No. - 2025:AHC-LKO:49165-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7605 of 2025 Petitioner :- Abdul Musabbir Chowdhury Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Saubhagya Mishra,Abhishek Mishra,Aishwarya Pandey Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1.Heard learned counsel for the petitioner and the 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 seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 22.03.2025 bearing FIR/Case Crime No.53 of 2025 for the offence punishable under Sections 351(4), 318(4) & 319(2) of Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information & Technology Act, Police Station-Cyber Crime Police Station, District- Lucknow, which is contained as Annexure No.1 to the writ petition. 4. Learned counsel for the petitioner 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 him, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for State-opposite parties has given a statement on behalf of Investigating Agency that because the offence allegedly committed by the petitioner, 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. 6. Considering the stand of the Investigating Agency, learned counsel for the petitioner 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 the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 27.08.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he 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. . [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan,J.] Order Date :- 21.8.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench