HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9440 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, 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 prayer:- "(i) a writ order or direction in the nature of certiorari to quash the impugned F.I.R registered at Police Station-Kotwali, District-Sitapur, dated-20.09.2025 at 14:18 p.m. in Case Crime No. 0276 of 2025, Under Section- 316(2), 351(2) of B.N.S, as contained in Annexure No.1 to this writ petition. (ii) a writ order or direction in the nature of Mandamus thereby commanding to the opposite parties no. 2 to 3 not to arrest the petitioners in pursuance of the impugned F.I.R registered at Police Station- Kotwali, District-Sitapur. dated-20.09.2025 at 14:18 p.m. in Case Crime No. 0276 of 2025, Under Section 316(2), 351(2) of B.N.S., Issue any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed in favour of the petitioners." 4. Learned counsel for the petitioners has submitted that the offences as alleged in F.I.R. 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. Versus Counsel for Petitioner(s) : Pankaj Kumar Singh Counsel for Respondent(s) : G.A. Dr. Rahul Bhardwaj And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Others .....Respondent(s) 5. Additional Government Advocate appearing for State-respondents has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners entail 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 another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 6. 6. Considering the stand of the investigating agency, learned counsel for the petitioners states that this petition may 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, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 01.10.2025 at 11.00 a.m. to get their statements recorded and to co-operate in the investigation. Thereafter, they shall continue to co-operate in the investigation till its completion and filing of police report, failing which, the protection of this order would not be available to them. September 26, 2025 (Manoj K.) CRLP No. 9440 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench