HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8766 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Peeyush Pankaj, learned counsel for the petitioner, and Sri Prem Shankar Trivedi, learned Additional Government Advocate appearing for the State-opposite parties. Perused the record. 2. 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. 3. 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 7.8.2025 bearing FIR No. 0130 of 2025 for the offence punishable under Section 3/7 of the Essential Commodities Act, 1955, Police Station-Kamrauli District- Amethi as contained in Annexure No.1 to the writ petition. 4. 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. 5. 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. 6. 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. Versus Counsel for Petitioner(s) : Peeyush Pankaj, Aayush Pankaj Tiwari Counsel for Respondent(s) : G.A. Raj P Suchak Proprietor M/S Pal Trade Chem Llp .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And 4 Others .....Respondent(s) 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 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 in the week commencing 6th October, 2025 at 11:00 AM sharp for the purpose of investigation and if there is no impediment, he may be extended the facility of appearance and cooperation including the recording of statement through Video Conferencing since he resides at District Ahmedabad in the State of Gujrat. 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. 8766 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