HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8857 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed today by Sri Rathnesh Singh, Advocate on behalf of respondent no.4 is taken on record. 2. Heard Sri Rahul Kumar Singh, learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties, learned counsel for respondent no.4 and perused the record. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 07.01.2025 bearing F.I.R. No.0004/2025, under Sections 323, 504, 420 I.P.C., Police Station - Kotwali Nagar, District - Bahraich. 4. Learned counsel for the petitioner 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 him, which is against the mandates of Code of Criminal Procedure. 5. 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. 6. Considering the stand of the investigating agency, this petition is disposed Versus Counsel for Petitioner(s) : Rahul Kumar Shukla, Mohit Singh, Shivam Srivastava Counsel for Respondent(s) : G.A. Ritesh Agarwal .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Others .....Respondent(s) 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 18, 2025 A.Dewal CRLP No. 8857 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench