HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8526 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Rajesh Kumar Shukla, learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed seeking following main relief:- "(i) Issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned First Information Report dated 16.07.2025 lodged by the opposite party no.5 against the petitioners which has been registered at Case Crime No.0503/2025, Under Section 316(2), 351(3) B.N.S., Police Station Para, District Lucknow (contained at Annexure No.1 to this writ petition)." 3. Learned counsel for the petitioners submits that though the offences in the impugned FIR carry punishment less than 07 years but the petitioners are being harassed by the Investigating Officer and the petitioner No.1 was forcibly taken to the police station on 18.08.2025 and harrased. 4. On the aforesaid argument, learned A.G.A. sought time upto lunch to seek instructions, therefore, this case was taken up after lunch and on the basis of instructions received from Sri Manish Kumar Singh, Sub Inspector, Police Station Para, District Lucknow, he submits that the earlier Investigating Officer has been transferred on 06.09.2025, therefore, the investigation has been handed over to him, however, the Versus Counsel for Petitioner(s) : Anil Kumar Yadav, Rajesh Kumar Shukla Counsel for Respondent(s) : G.A. Priyanka Yadav @ Mahi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) same has not been received by him. 5. Learned A.G.A. further submits that as per records, notice under Section 35(3) BNSS, 2023 (41-A Cr.P.C.) was given to the petitioners for recording her statement and she had come alongwith her counsel to the police station on 18.08.2025, therefore, the question of her forcibly bringing at the police station and harassment does not arise. He further submits that the petitioner No.1 had come again on 09.09.2025 but since the earlier Investigating Officer was transferred, therefore, the statement could not be recorded. 6. Learned A.G.A. has produced the notice, which was served upon the petitioners and the petitioner No.1, who is present in person, on being asked, admits that she was called on 18.08.2025 at the police station and she also admits that she had made her signature on the notice and she was informed that whenever required, she would be called. Thus, the allegations mentioned in para 10 of the writ petition seems to be incorrect. 7. Learned A.G.A. also submits that the respondents shall follow the provision of Section 35(3) B.N.S.S., 2023 and the judgment of Hon'ble Supreme Court rendered in the case of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273. 8. In view of above, the petition is disposed of in terms of the statement of learned A.G.A., providing herein that the petitioners shall appear before the concerned Investigating Officer on 06.10.2025 at 11:30 AM and shall assist in the investigation till it is completed. September 23, 2025 Saurabh CRLP No. 8526 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench