HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8238 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Manuvendra Singh, learned counsel for the petitioners, Sri Ramchandra Gupta, learned counsel for the respondent No.4 and learned A.G.A. for the State. 2. Learned counsel for the respondent No.4 has filed a counter affidavit, which is taken on record. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No.0322 of 2025, under Sections 3(5), 109 & 324(2) B.N.S., Chanda, District Sultanpur. 4. Learned counsel for the petitioners submits that with regard to only one and the same incident, two first information reports have been lodged against the petitioners i.e. the first F.I.R. bearing Case Crime No.0320/2025, under Sections 115(2), 352, 351(3), 324(2), 3(5) at Police Station Chanda, District Sultanpur has been lodged by one Anand S/o Munnalal, who claims himself to be a Lineman in the Power Corporation, whereas the instant F.I.R. bearing Crime No.0322 of 2025, under Sections 3(5), 109 & 324(2) B.N.S., Chanda, District Sultanpur has been lodged by the respondent No.4, namely, Makhhanlal Gupta S/o Ram Prasad. Thus, he submits that the petitioners could not be said to have been present on both the places and have caused both the incidents, therefore, the impugned F.I.R. is liable to be quashed. Versus Counsel for Petitioner(s) : Manuvendra Singh Counsel for Respondent(s) : G.A., Ramchandra Gupta, Sonali Mukesh Singh @ Mukesh Kumar Singh And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 5. Learned A.G.A., on the basis of instructions dated 01.09.2025 received from Mohd. Tanveer Khan, Sub Inspector, Police Station Chanda, District Sultanpur, submits that during course of investigation, Section 109 B.N.S. has been dropped as no evidence has been found in regard to the same, photocopy of the said instructions is taken on record. He further submits that rest of the offences are having punishment for the term of less than seven years imprisonment and the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by 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 of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; 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 29.09.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. September 15, 2025 Saurabh CRLP No. 8238 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench