HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8429 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Sri Shashank Agnihotri, Advocate on behalf of respondent no.5 is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for respondent no.5. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report bearing F.I.R./Case Crime No.0195/2025, under Sections 326(e), 329(3), 351(3), 3(5) and 303(2) B.N.S., Police Station - Ramsanehighat, District - Barabanki. 4. Learned counsel for the petitioners 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 them, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned Additional Government Advocate appearing for respondent State has submitted that during investigation Section 303 (2) B.N.S. has been added. He has also 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) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 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. 6. Considering the stand of the investigating agency, this petition is disposed Versus Counsel for Petitioner(s) : Ambrish Kumar Dwivedi, Aman Chaturvedi Counsel for Respondent(s) : G.A. Inspector Lal And Others .....Petitioner(s) State Of U.P. Thru, Prin. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s) of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). September 17, 2025 A.Dewal CRLP No. 8429 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench