HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9030 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for petitioner, Ms. Ranjana Srivastava, learned A.G.A. for the State and perused the material available on record. 2. In view of proposed order to be passed, notice to opposite party no. 4 is dispensed with. 3. By means of the present petition, the petitioner has sought following prayer:- "i). to issue a writ order or direction in the nature of Certiorari to quash the impugned F.I.R. registered at Police Station Rupaideeha, District Bahraich dated 07.08.2025 in Case Crime No. 0234 of 2025, under Sections 65 (1), 351 (3), 352 of B.N.S. and Section 3/4 of the Protection of Children from Sexual Offences, Act, 2012. ii). to issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties no. 2 and 3 not to arrest the petitioner in pursuance of impugned F.I.R. registered at Police Station Rupaideeha, District Bahraich." 4. Ms. Ranjana Srivastava, learned A.G.A. for the State has produced copy of instructions/letter dated 18.09.2025 sent by Sub Inspector Mr. Suryabhan Kumar, Police Station Rupaideeha, District Bahraich, the same is taken on record. 5. Ms. Ranjana Srivastava, learned A.G.A. for the State on the basis of aforesaid instructions, has submitted that during course of investigation Section 65 (1) of B.N.S. has been deleted and Section 74 of B.N.S. and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 have been added, and presently the investigation is going on under Sections 74, 351 (3) & 352 of B.N.S. and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 wherein the punishment is upto seven years. Versus Counsel for Petitioner(s) : Sanjeev Kumar Singh Counsel for Respondent(s) : G.A. Banwari @ Rajesh Kumar Sonkar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko And 5 Others .....Respondent(s) 6. Learned Additional Government Advocate appearing for respondent-State has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioner, entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to 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. 7. Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioner states that this petition be disposed of in view of the above said facts. 8. 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 Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 9. However, the petitioner is directed to appear before the Investigating Officer of the concerned police station on 30.09.2025 at 11.00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant. September 26, 2025 Virendra CRLP No. 9030 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench