HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8756 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1.Heard learned counsel for the petitioners and the learned Additional Government Advocate for the State-opposite parties No.1 to 3 and perused the record. 2.In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 3.By means of this writ petition, the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned First Information Report (in short F.I.R.) dated 22.08.2025 bearing FIR/Case Crime No.0108 of 2025, under Sections 192, 191(2), 191(3), 109(1) and 311 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S.), (however, now Sections 191(3), 109(1) and 311 of B.N.S. have been dropped and Sections 115(2) of B.N.S. has been added), Police Station-Sairpur, District-Lucknow, which is contained as Annexure No.1 to the writ petition. 4.Learned counsel for the petitioners 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 them, 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 petitioners, entails sentence of less Versus Counsel for Petitioner(s) : Chandan Srivastava Counsel for Respondent(s) : G.A. R.B.Singh @ Ritesh Bahadur Singh And Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others .....Respondent(s) 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 petitioners states that let this petition may 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 the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8.However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 25.09.2025 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, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. September18,2025 Suresh/ CRLP No. 8756 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench