HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9325 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Ms. Smriti, learned counsel for the petitioners, Sri Vipul Kumar Singh, 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. 4 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 13.08.2025 bearing FIR/Case Crime No.0223 of 2025, for the offence under Sections 115(2), 351(3) and 352 of Bhartiya Nayay Sanhita (BNS), 2023 registered at Police Station Madhoganj, District Hardoi. 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 them, which is against the mandates of Code of Criminal Procedure. 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 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 judgment rendered by Hon'ble Supreme Court of India in re: Satender Kumar Antil vs.CBI and others in Special Leave to Appeal (Criminal) No.5191 of 2021 and a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. Versus Counsel for Petitioner(s) : Smriti Counsel for Respondent(s) : G.A. Mithilesh Kumar And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others .....Respondent(s) 6. 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. 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 Satender Kumar Antil (supra) and Arnesh Kumar (supra). 8. However, the petitioners shall appear before the Investigating Officer on 30.09.2025 at 11:00 a.m. sharp to co-operate in the investigation and they shall further co-operate in the investigation proceeding till filing of the police report failing which protection of this order would be withdrawn on the application being moved by the prosecution or the informant. 9. It is also clarified that if subject to proper cooperation of the petitioners the police report is filed, that police report may be in a shape of final report, if no credible evidence/material is found against the petitioners. But in any case the dictum of Apex Court in re: Satender Kumar Antil (supra) shall be followed in its letter and spirit. . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) September 26, 2025 Reena/- CRLP No. 9325 of 2025 2 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench