HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7903 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 no.1 to 3 and perused the record. In view of the order proposed to be passed issuance of notice to the opposite party no. 4 is dispensed with. 2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. bearing No.0144 of 2025, under Sections 77, 78, 79, 115(2), 351(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 67 and 67a of Information Technology (Amendment), 2008, Police Station Gomti Nagar, Lucknow East (Commissionerate Lucknow). 3. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest the petitioner, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Learned AGA appearing for the State/opposite parties 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) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273. 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 above said facts. Versus Counsel for Petitioner(s) : Sudhir Kumar, Sunil Kumar Singh Counsel for Respondent(s) : G.A. Santosh Kumar Tripathi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others .....Respondent(s) 6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra). August 28, 2025 Raj CRLP No. 7903 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench