HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7724 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State- respondents and perused the record. 2. In view of the proposed order being passed, notice to respondent No. 4 is hereby dispensed with. 3. This writ petition has been filed with the following main prayer:- "(i) Issue a writ, order or directions in the nature of certiorari for quashing the impugned F.I.R. No.-0191/2025 under section 115(2),351(3),333,134,3(5) 2023, Police Station Manpur, District Sitapur lodged by opposite party No.-4 which is contained as Annexure No.-1 to this writ petition. ii. A writ, order or direction in the nature of mandamus commanding the opposite party No.2 to conduct the fair investigation in his supervision of the impugned F.I.R. No.- 0191/2025 under section 115(2),351(3),333,134,3(5) 2023, BNS Police Station Manpur, District Sitapur lodged by opposite party No.-4. iii. A writ, order or direction in the nature of mandamus commanding the opposite party No.2 and 3 particularly for compliance of provision of section 35(3) of BNS, 2023 provided by Hon'ble Apex Court in the case of Arnesh Kumar Vs State of Bihar and others (2004) 8 SCC 273 in relation to impugned F.I.R. No.- 0191/2025 under section 115(2),351(3),333,134,3(5) BNS 2023, Police Station Manpur, District Sitapur lodged by opposite party No.-4 against the petitioner, which is contained as Annexure No.1 to this writ petition so far as relates the petitioner." 4. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven Versus Counsel for Petitioner(s) : Vinod Kumar Tiwari, Kaushal Kumar Counsel for Respondent(s) : G.A. Bindeshwari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Respondent(s) years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Additional Government Advocate appearing for State-respondents has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners, entail 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 settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioners states that 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 Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, the petitioners shall appear before the Investigating Officer of the concerned police station on 19.09.2025 at 11.00 a.m. to get their statement recorded, is the same has not been recorded as yet, and to co- operate in the investigation. Thereafter, they shall continue to co-operate in the investigation till its completion and filing of police report, failing which, the protection of this order would not be available to them. September 15, 2025 (Manoj K.) CRLP No. 7724 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench