HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8301 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Ashwani Kumar Singh, learned counsel for the petitioners and Sri Dileep Singh Rana, 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 18.7.2025 bearing FIR/Case Crime No. 0279 of 2025, for the offence under Section 333, 75(1), 115(2), 352, 110, 316(1) of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Chanda, District Sultanpur. 4. At the outset learned counsel for the petitioners has requested that he may be permitted to delete the name of petitioner no. 2 from the array of petitioners and liberty may be given to file anticipatory bail application before the competent court. 5. Considering the aforesaid request the learned counsel for the petitioner is permitted to delete the name of petitioner no. 2 from the array of petitioners. After deleting the name of petitioner no. 2 the numbering of petitioners would be changed as Shiv Sahay @ Shiv Sahay Yadav would be petitioner no. 1, Samla Devi would be petitioner no. 2 and Sasima Versus Counsel for Petitioner(s) : Ashwani Kumar Singh, Anurag Singh Counsel for Respondent(s) : G.A., Sushil Kumar Yadav Shiv Sahay @ Shiv Sahay Yadav And 3 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others .....Respondent(s) Yadav would be petitioner no. 3. 6. Learned counsel for the petitioner has stated that the main allegations are against Ram Sahay Yadav and the allegation against the other petitioners are having punishment of less than seven years, therefore, they may be given the benefit 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. 7. 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. 8. 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 Apex Court in the case of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 9. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 06.10.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would be withdrawn on the application being moved by the prosecution or the complainant. 10. It is needless to say that the accused Ram Sahay Yadav s/o Ramjas Yadav may file appropriate application before the appropriate court of law inasmuch as against him the allegation of section 64(B) BNS besides other sections of BNS, 2023 have been indicated. September 25, 2025 Om CRLP No. 8301 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench