HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9428 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and perused the 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) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated impugned first information report dated 17.10.2024 lodged by the complainant/opposite party No. 4 as FIR No. 0296/2024, Under Section-316 (2), 318 (4), 351 (3) & 352 of B.N.S. 2023, Police Station-Hazratganj, District-Lucknow, so far as it relates to the present petitioner, as contained in Annexure No. 1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest and harass the petitioner on the basis of the impugned First Information Report dated 17.10.2024 lodged by the complainant/opposite party No. 4 as FIR No. 0296/2024, Under Section-316 (2), 318 (4), 351 (3) & 352 of B.N.S. 2023, Police Station-Hazratganj, District-Lucknow, contained in Annexure No. 1 to the writ petition, in the interest of justice." 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 Nagrik Suraksha Sanhita. Versus Counsel for Petitioner(s) : Chetan Kumar Tiwari Counsel for Respondent(s) : G.A. Vimal Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 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 petitioner, 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 settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioner states that 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 cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. However, the petitioner shall appear before the Investigating Officer of the concerned police station on 01.10.2025 at 11.00 a.m. to get his statement recorded and to co-operate in the investigation. Thereafter, he 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 him. September 26, 2025 (Manoj K.) CRLP No. 9428 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