HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7846 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard, learned counsel for the petitioner and learned A.G.A. appearing for the State. 2. The instant writ petition has been filed with the following prayers: "i) To issue a writ, Order or direction in the nature of certiorari to quash the First Information Report dated- 12.08.2025, lodged at Police Station -Kotwali Nagar, District Sultanpur, bearing FIR no. 629 of 2025, under section- 115(2), 352, 351(2), 303(2), 324(4) of BNS 2023 annexed here as annexure no. 1 to this writ petition. ii) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner which is not necessary and not to harass the petitioner on the name of investigation. iii) To issue any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts of the case. iv) To allow the Writ Petition with Cost." 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 Code of Criminal Procedure. 4. Learned Additional Government Advocate appearing for Versus Counsel for Petitioner(s) : Aditya Verma Counsel for Respondent(s) : G.A. Ankush Soni @ Ankush .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 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 41-A Cr.P.C. (Now Section 35(3) of BNSS, 2023) 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: Arnesh Kumar vs. State of Bihar and another. 5. Considering the stand of the investigating agency, learned counsel for the petitioner states that let this petition may be disposed of in view of the above said facts. 6. Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. (Now Section 35(3) of BNSS, 2023) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). August 28, 2025 Haseen U. CRLP No. 7846 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench