HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8325 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Vakatnama filed by Sri Vinod Kumar Pandey, Advocate on behalf of respondent no.4, is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents; learned counsel for the respondent no.4 and perused the material placed on record. 3. This writ petition has been filed with the following main prayers:- "A) Issue a writ order or direction in the nature of Certiorari to quash the impugned F.I.R. dated 27.08.2025, bearing no.137/2025, under section-191(2), 115(2), 352, 351(3) 333, 324(2) & 110 of Bhartiya Nyay Sanhita(B.N.S.), 2023, and section- 3(2)(va) of S.C./S.T. Act, Police Station- Kumarganj, District- Ayodhya, so far as relates to petitioners, contained as Annexure No.01 to the writ petition. B) Issue a writ order or direction in the nature of Mandamus Commanding opposite parties not to arrest the petitioners in pursuant to the impugned F. I. R. dated 27.08.2025, bearing no.137/2025, under section-191(2), 115(2), 352, 351(3) 333,324(2) & 110 of Bhartiya Nyay Sanhita(B.N.S.), 2023, and section-3(2)(va) of S.C./S.T. Act, Police Station- Kumarganj, District- Ayodhya, so far as relates to petitioners, contained as Annexure No.01 to the writ petition." 4. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term having less than seven years imprisonment, whereas, the police is trying to Versus Counsel for Petitioner(s) : Vinod Kumar Counsel for Respondent(s) : G.A. Aravind @ Pappu And 3 Others .....Petitioner(s) State Of U.P. Thru. Secy. Revenue Deptt. U.P. Lko. And 3 Others .....Respondent(s) arrest them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for respondent-State has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners, entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to be strictly followed in terms of judgments rendered by the 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. 6. Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioners states that 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 Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, the petitioners are directed to appear before the Investigating Officer of the concerned police station on 15.09.2025 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, the interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant. September 9, 2025 Abhishek Gupta CRLP No. 8325 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench