HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7723 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 12.08.2025 bearing F.I.R. No.222/2025, under Sections 76, 115(2), 351(3) B.N.S. and Section 7/8 POCSO Act and Section 67 of Information Technology Amendment Act, 2008, Police Station - Dostpur, District - Sultanpur. 3. Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. 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 Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned Additional Government Advocate appearing for respondent State 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) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273 : Versus Counsel for Petitioner(s) : Dilip Kumar Pandey, Amit Dubey Counsel for Respondent(s) : G.A. Anurag Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s) Arnesh Kumar vs. State of Bihar and another. 5. Considering the stand of the investigating agency, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). August 27, 2025 A.Dewal CRLP No. 7723 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench