HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8930 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and perused the material placed on record. 2. In view of the proposed order being passed, notice to respondent No. 4 is hereby dispensed with. 3. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the first information report at Case Crime No.0280/2025, under section 110 B.N.S. Police Station-Kaiserganj. District-Bahraich 04.09.2025 lodged by the opposite party no.4 against the Petitioner and others, contained as Annexure No.1 to the writ petition, in the interest of justice. (ii). Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularly for compliance of provision of section 41 and section 41- A of the code of Criminal Procedure as Provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, in pursuance of the first information report at Case Crime No.0280/2025, under section 110 B.N.S. Police Station- Kaiserganj, District-Bahraich on dated 04.09.2025 lodged by the opposite party no.4 against the Petitioner, on the false and fabricated grounds, contained as Annexure No.1 to the writ petition so far its relates to the Petitioner." 4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term having less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. Versus Counsel for Petitioner(s) : Syed Shabih Haider, Husain Askari, Salahuddin, Syed Mohd. Intizar Counsel for Respondent(s) : G.A. Anwar Alias Anwar Alam Qureshi .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s) 5. 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. 6. 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. 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 Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, the petitioner is directed to appear before the Investigating Officer of the concerned police station on 25.09.2025 at 11.00 AM sharp 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 19, 2025 Abhishek Gupta CRLP No. 8930 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench