HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7761 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Ram Pratap Yadav, learned counsel for the petitioners and Sri Arun Kumar Pandey, learned A.G.A. appearing for the State-opposite parties and perused the record. 2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 04.08.2025 bearing FIR/Case Crime No.0268 of 2025, for the offence under Sections 85, 115(2), 352, 351(3), 324(4) of Bhartiya Nayay Sanhita (BNS), 2023 and Section 3/4 of Dowry Prohibition Act, Police Station- Asivan, District- Unnao. 4. Learned counsel for the petitioners 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 them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned A.G.A. appearing for State-respondents has produced before this Court written instructions dated 29.08.2025 sent by Versus Counsel for Petitioner(s) : Ram Pratap Yadav Counsel for Respondent(s) : G.A. Mustak Ali And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others .....Respondent(s) Sri Hari Niwas Sharma, Sub-Inspector, police station Asivan, district Unnao, which is taken on record. Learned A.G.A. given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, 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. 6. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts. 7. Accordingly, this petition is disposed off 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 cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 23.09.2025 at 11.00 AM sharp for the purpose to co-operate in the investigation. Thereafter, they shall continue to co-operate in the investigation till its completion, failing which, the protection of this order would not be available to him. September 17, 2025 Rks. CRLP No. 7761 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench