HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7967 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Sri Deo Raj Singh, Advocate submits that he is filing power on behalf of the respondent no.4, which he may file through e-mode during the course of the day. 2. Heard Sri Ashok Kumar, learned counsel for the petitioner, Sri Deo Raj Singh, learned counsel appearing for respondent no.4 and learned A.G.A. appearing for the State. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 562 of 2025 under Sections 74 B.N.S., 2023 and 9-M/10 of P.O.C.S.O. Act, Police Station- Kheri, District- Lakhimpur Kheri. 4. 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 them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned A.G.A. appearing for respondents-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) 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 Versus Counsel for Petitioner(s) : Ashok Kumar, Chandra Prakash, Muzammil Asad Counsel for Respondent(s) : G.A. Mohd Asharaf Asif .....Petitioner(s) State Of U.P. Thru Prin.Secy. Home Lko And Ors. .....Respondent(s) the petitioner 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 petitioner shall appear before the Investigating Officer of the concerned police station on 11.09.2025 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. August 29, 2025 Arpan CRLP No. 7967 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench