HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9229 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Atul Verma, learned counsel for the petitioner and Ms. Meera Tripathi, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. In view of the proposed order notice to opposite party no. 2 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 11.9.2025 bearing FIR/Case Crime No. 243 of 2025, for the offence under Section 303(2), 351(2) of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Bighapur, District Unnao. 4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR 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 Bhartiya Nayay Sanhita (BNS), 2023. 5. 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) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered Versus Counsel for Petitioner(s) : Atul Verma, Hari Krishna Verma Counsel for Respondent(s) : G.A. Shubham .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) by 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. It is observed that since the dictum of Apex Court in re: Satender Kumar Antil vs. CBI and another (supra) is law of land, therefore, all concerned must follow the same in its letter and spirit and any disobedience of this dictum is tantamount to contempt of court, therefore, the petitioner may not be unnecessarily harassed, if he responds pursuant to the notice being issued by the concerned investigating officer to cooperate in the investigation. 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 case of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 15.10.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would be withdrawn on the application being moved by the prosecution or the complainant. October 10, 2025 Om CRLP No. 9229 of 2025 2 (Amitabh Kumar Rai,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench