HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8743 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Rohit Kumar Singh, learned counsel for the petitioner, Sri Dharmendra Kumar Bhatt, learned counsel for opposite party no. 4 and learned Additional Government Advocate appearing for the State-opposite parties No.1 to 3. Perused the record. 2. Short counter affidavit filed on behalf of opposite party no. 4 is taken on record. 3. Since the point involved in the present writ petition is trivial in nature, the writ petition is being heard and decided at the admission stage. 4. By means of this writ petition, the petitioner seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report (in short F.I.R.) dated 31.1.2025 bearing FIR No. 284 of 2025 for the offence punishable under Section 316 (2), 318 (4), 351 (2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Zaidpur, District-Barabanki, as contained in Annexure No.1 to the writ petition. 5. Learned counsel for the petitioner has submitted that the offences as alleged in the First Information Report 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. Versus Counsel for Petitioner(s) : Rohit Kumar Singh Counsel for Respondent(s) : G.A., Dharmendra Kumar Bhatt Sunil Kumar @ Suneel Kumar Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Respondent(s) 6. Learned Additional Government Advocate appearing for State-opposite parties 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) Bhartiya Nagrik Suraksha Sanhita, 2023 shall 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. 7. Considering the stand of the Investigating Agency, learned counsel for the petitioner states that this petition may be disposed of in view of the above said facts. 8. 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 Apex Court in re; 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 6th October, 2025 at 11:00 AM sharp for the purpose of investigation. The petitioner 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 24, 2025 Fahim/- CRLP No. 8743 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench