HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7716 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Ms. Arti Shukla, learned counsel for the petitioners and Sri Girjesh Kumar Dwivedi, learned AGA for the State. 2. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with. 3. Learned AGA has produced the instruction letter dated 19.08.2025 provided by one Ram Ugrah Kushwaha, Inspector, Police Station Kudwar, District Sultanpur, same is taken on record. 4. By means of this petition, petitioners have prayed for following reliefs" "(i) issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 11.08.2025 lodged as Case Crime/F.I.R. No. 0237/2025, Under Sections-419/420/467/468/471/120B IPC, Police Station-Kudwar, District- Sultanpur, contained as Annexure No.1 to this writ petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the Opposite Party No.2 & 3 not to give effect and proceed further in pursuance to the First Information Report dated 11.08.2025 lodged as Case Crime/F.I.R. No. 0237/2025, Under Sections-419/420/467/468/471/120B IPC, Police Station- Kudwar, District- Sultanpur, contained as Annexure No.1 to this writ petition. Versus Counsel for Petitioner(s) : Arti Shukla Counsel for Respondent(s) : G.A. Muslim Khan And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others .....Respondent(s) iii) issue an ad interim Mandamus to the effect that the petitioners be not arrested in pursuance of the First Information Report dated 11.08.2025 lodged as Case Crime/F.I.R. No. 0237/2025, Under Sections-419/420/467/468/471/120B IPC, Police Station- Kudwar, District- Sultanpur, contained as Annexure No.1 to this writ petition." 5. Sri Dwivedi, learned AGA has shown the instructions letter wherein this fact has been indicated that during the course of investigation, sections 420 & 120-B I.P.C. are intact but other sections have been deleted. In aforesaid sections the maximum punishment is up to seven years therefore the petitioners may claim benefit of the dictum of Hon'ble Supreme Court in re: Satender Kumar Antil vs. CBI and others and Arnesh Kumar vs. State of Bihar and another. 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 petitioners shall appear before the Investigating Officer on 19.09.2025 at 11:00 a.m. sharp to co-operate in the investigation and record their statement. 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. September 15, 2025 Reena/- CRLP No. 7716 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