HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8872 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Ms. Saumya Shukla, learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report bearing F.I.R. No.066/2025, under Sections 85, 351(3), 115(2) of Bhartiya Nagrik Suraksha Sanhita, 2023 and 4/3 D.P. Act, Police Station - Gaisari, District - Balrampur. 3. Learned counsel for the petitioners 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 them, which is against the mandates of Code of Criminal Procedure. 4. 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 petitioners, 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. 5. Considering the stand of the investigating agency, this petition is disposed 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 Versus Counsel for Petitioner(s) : Brijesh Kumar Pandey, Saumya Shukla Counsel for Respondent(s) : G.A. (Rajeev Singh,J.) (Rajnish Kumar,J.) Suresh Gautam And Another .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench