HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9164 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Shri Julfikar Ahmad, learned counsel for the petitioners and learned A.G.A. appearing for the State. 2. This petition seeks issuance of a writ in the nature of certiorari for quashing the F.I.R. No. 780 of 2025 dated 13.08.2025, under Sections 420, 376, 323, 504, 506, 34 and Section 3(2)(v) SC/ST Act, Police Station Kotwali, District Barabanki. A further writ of mandamus commanding the respondents not to arrest the petitioners, has been sought. 3. Learned counsel for the petitioners submits that the petitioner no. 1 is the father of the main accused, petitioner nos. 2 and 3 are his brothers and petitioner no. 4 is the maternal uncle of the main accused. It is further submitted that the only allegation made against the petitioners is of abusing the victim-respondent no. 4 and, therefore, the offences under Section 376 I.P.C. cannot be said to made out against the petitioners. It is also submitted that the rest of the offences, as alleged in the F.I.R., carry maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 4. Learned A.G.A. appearing for respondents-State though opposes the prayer of the petitioners, but could not dispute the contentions of the learned counsel for the petitioners. Versus Counsel for Petitioner(s) : Julfikar Ahmad, Mahmood Alam Counsel for Respondent(s) : G.A. Ishtiyak @ Laddan And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko And Others .....Respondent(s) Learned A.G.A. also gives a statement on behalf of the Investigating Agency that because the offence, allegedly committed by the petitioners, 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 by Hon'ble Supreme Court in the cases of 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. 5. Considering the stand of the Investigating Agency, learned counsel for the petitioners submits that this petition may be disposed of in view of the above said facts. 6. 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 the Hon'ble Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 7. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 10.10.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. September 26, 2025 VKS CRLP No. 9164 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench