HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8671 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Ms. Palavi Dwivedi, Advocate holding brief of Sri Ashish Raman Mishra, learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. 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.0249/2025, under Section 305 B.N.S., Police Station - Kotwali Dehat, District - Bahraich. 3. 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. 4. Learned Additional Government Advocate appearing for respondent State has 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. 5. Considering the stand of the investigating agency, this petition is disposed 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 12, 2025 A.Dewal Versus Counsel for Petitioner(s) : Ashish Raman Mishra Counsel for Respondent(s) : G.A. (Rajeev Singh,J.) (Rajnish Kumar,J.) Rajendra Prasad Pandey @ Rajendra Prasad And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench