HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9329 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners, the learned Additional Government Advocate appearing for the State-opposite parties No.1 to 3 and Sri Abhishek Singh, learned counsel, who has filed Vakalatnama on behalf of opposite party No.4/Complainant, the same is taken on record. 2. By means of this writ petition, the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 19.09.2025 bearing FIR/Case Crime No.0346 of 2025 for the offence punishable under Sections 3(5), 131, 352, 351(3) & 324(4) of B.N.S., Police Station-Tikaitnagar, District-Barabanki, so far as it relates to the present petitioners, as contained in Annexure No.1 to the writ petition. 3. Learned counsel for the petitioners has submitted that the offences as alleged in the First Information Report 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 Bhartiya Nagrik Suraksha Sanhita. 4. Learned Additional Government Advocate appearing for State-opposite parties 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) Bhartiya Nagrik Suraksha Sanhita, 2023 shall 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 Versus Counsel for Petitioner(s) : Diwakar Pratap Pandey Counsel for Respondent(s) : G.A. Mohd. Mudassir And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others .....Respondent(s) 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 states that let this petition be disposed of in view of the above said facts. 6. Accordingly, this petition is disposed of in view of the provision of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by the Apex Court in re; 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 30.09.2025 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. September26,2025 Suresh/ CRLP No. 9329 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench