HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7806 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Shri Arpit Shukla, Advocate has filed Vakalatnama on behalf of opposite party no. 4 today in Court, the same is taken on record. 2. Heard Ms. Shubhangi Singh, learned counsel for petitioners, Shri Arun Kumar Pandey, learned A.G.A. for the State, Shri Arpit Shukla, learned counsel for opposite party no. 4 and perused the material available on record. 3. By means of the present petition, the petitioners have sought following prayer:- i). to issue a writ, order or direction in the nature of certiorari thereby quashing the first information report lodged on 29.07.2025 against the petitioners in Case Crime No. 216 of 2025, under Section 316 (2) of the B.N.S., 2023, Police Station Rampur Kalan, District Sitapur." ii). to issue a writ order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioners in pursuance of impugned first information report lodged on 29.07.2025 against the petitioners in Case Crime No. 216 of 2025, under Section 316 (2) of the B.N.S., 2023, Police Station Rampur Kalan, District Sitapur." Versus Counsel for Petitioner(s) : Abhishek Kumar Singh, Shubhangi Singh Counsel for Respondent(s) : G.A., Arpit Shukla, Sanjeev Verma Amarjit And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) 4. Learned counsel for petitioners has submitted that the offence as alleged in the FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government appearing for State-respondents has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35 (3) of the Bhartiya Nagarik 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 petitioners states that this petition may 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 Nagarik 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 25.09.2025 at 11:00 a.m. to get their statements recorded 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 18, 2025 Virendra CRLP No. 7806 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench