HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7655 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Saksham Agarwal, learned counsel for the petitioners, Ms. Ranjana Srivastava, learned AGA for the State and Sri Chandan Srivastava, learned counsel for opposite party No.4. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 06.08.2025 bearing FIR/Case Crime No.0202 of 2025, for the offence under Sections 420 & 406 of I.P.C. registered at Police Station Mahanagar, District Lucknow. 3. Learned counsel for the petitioners has submitted that the offences as alleged in FIR 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. 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) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in re: Satender Kumar Antil vs.CBI and others in Special Leave to Appeal (Criminal) No.5191 of 2021 and Versus Counsel for Petitioner(s) : Rakesh Kumar Agarwal, Anupriya Agarwal, Saksham Agarwal Counsel for Respondent(s) : G.A., Chandan Srivastava, Lavkush Yadav, Ritika Singh, Yogesh Somvanshi Gaurav Agarwal And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Others .....Respondent(s) a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 5. 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. 6. 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 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. While recording their statement, the petitioners may provide all relevant documents showing their bonafide and they 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. 8. It is needless to say that those material/evidence shall be taken into account by the Investigating Officer properly. After conducting the proper investigation, the investigation may be concluded with expedition. September 12, 2025 Reena/- CRLP No. 7655 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