HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7797 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 A.G.A. for the State. 2. By means of this writ petition, the petitioner has prayed for quashing the F.I.R. dated 19.7.2025 bearing no. 0514 of 2025 under Sections 115(2), 351(3), 85 of the B.N.S. and Section 3/4 of the D.P. Act, police station Mohammadi, district Kheri. 3. 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. 4. 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. 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 Versus Counsel for Petitioner(s) : Sanjay Kumar Verma, Pramod Kumar Pandey Counsel for Respondent(s) : G.A. Jnnti And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. And Others .....Respondent(s) 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 the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra). 7. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 11.09.2025 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he shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. September 3, 2025 kanhaiya CRLP No. 7797 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench