HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8980 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Ram Lakhan, learned counsel for the petitioners and learned Additional Government Advocate appearing for the State-opposite parties No.1 to 3. 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 petitioners seek issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 7.9.2025 registered at Crime No. 0790 of 2025 for the offence punishable under Section 115 (2), 352, 351 (3) of Bharatiya Nyaya Sanhita, 2023, Police Station-Kotwali Sadar, District-Unnao as contained in 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 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) : Ram Lakhan, Purnima Singh, Ram Ashish Counsel for Respondent(s) : G.A. Smt. Reena Srivastava And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 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. The petitioners shall cooperate in the investigation till its completion and shall appear before the investigating officer as and when required, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. 9. It is, however, clarified that if the investigation has concluded and the investigating officer wishes to file police report, final report or charge-sheet, it is needless to say that in case no credible material or evidence is found against the accused person, final report shall be filed in accordance with law. September 26, 2025 Fahim/- CRLP No. 8980 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