HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7657 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with. 3. By means of this petition, petitioner has assailed the impugned FIR bearing FIR/Case Crime No. 0337 of 2025 under Sections 115(2), 352, 351(3), 309(4) B.N.S., 2023 at Police Station Kotwali City, District Hardoi. 4. Learned counsel for the petitioner has stated that the present petitioner has been falsely implicated as he has not committed any offence of any kind whatsoever. Attention has been drawn towards the impugned FIR wherein the the date of incident has been indicated as 06.07.2024 but the FIR has been lodged on 13.05.2025 without explaining the inordinate delay having ulterior motive and exterior design in the mind of the informant. Learned counsel has also stated that the investigation is going on and the present petitioner undertakes that he shall cooperate in the investigation properly. 5. Learned AGA has produced the instructions letter dated 28.08.2025 provided by one Amrit Lal Yadav, Sub Inspector, Police Station Kotwali City, District Hardoi, same is taken on record. As per the aforesaid instructions, during investigation section 309(4) B.N.S. has been dropped. Learned AGA has stated that since in the remaining sections, the punishment is up to seven years therefore the petitioner is entitled for the benefit of the judgment of Apex Court in re: Satender Kumar Antil vs. CBI and others and Arnesh Kumar vs. State of Bihar and another. Versus Counsel for Petitioner(s) : Rajat Pratap Singh Counsel for Respondent(s) : G.A. Shiva Kumar Gautam (In Fir Shiva) .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Others .....Respondent(s) 6. Accordingly, the writ 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 case of Satender Kumar Antil (supra) and Arnesh Kumar (supra). 7. However, the petitioner shall appear before the Investigating Officer on 17.09.2025 at 11:00 a.m. sharp to co-operate in the investigation and record the statement, if the same has not been recorded. He shall further co-operate in the investigation proceeding till filing of the police report failing which protection of this order would be withdrawn on the application being moved by the prosecution or the informant. September 12, 2025 Reena/- CRLP No. 7657 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench