HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8421 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. 2. Heard Ms. Garima Singh, learned counsel for the petitioner and learned A.G.A. appearing for the State. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the F.I.R. No. 244 of 2025 dated 16.07.2025, under Sections 115(2), 351(3), 333, 74, 309(4), 109, 110 B.N.S. and Section 7/8 POCSO Act, Police Station Visheshwarganj, District Bahraich, insofar as it relates to the petitioner. 4. Learned counsel for the petitioner submits that during investigation, Sections 309(4), 109 and 110 B.N.S. have been dropped and the offences in the remaining Sections, 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 Bhartiya Nagrik Suraksha Sanhita. 5. Learned A.G.A. appearing for respondents-State gives a statement on behalf of the 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 the cases of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another, Versus Counsel for Petitioner(s) : Garima Singh, Abhay Sagar Singh, Harshit Singh Counsel for Respondent(s) : G.A. Anoop @ Anoop Shukla .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s) 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 petitioner submits that this petition may 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 Hon'ble Apex Court in the cases of 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 26.09.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he 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 11, 2025 VKS CRLP No. 8421 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench