HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9451 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Shri Kaushlendra Tiwari, Advocate, holding brief of Shri Anil Kumar Mishra, learned counsel for the petitioners, learned A.G.A. for the State-respondents, as well as Shri Anil Kumar Tripathi, Advocate, who has put in appearance on behalf of respondent no. 4 by way of filing his Vakalatnama, and perused the material placed on record. 2. This writ petition has been filed with the following main prayer:- "i) It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to allow this application and quash/set-aside the impugned F.I.R. 167 of 2025 (Contained as Annexure No.1) registered at Police Station Gosaiganj, District Sultanpur under Sections 417, 420, 467, 468, 471 and 506 IPC." 3. At the very outset, learned A.G.A. for the State, has stated that during the course of investigation sections 467, 468 and 471 IPC have been deleted. Therefore, in remaining sections the petitioners are entitled to get the benefit of the judgement rendered by the Hon'ble Supreme Court in re; Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51 as punishment provided in the remaining sections is up-to 7 years. 4. Learned counsel for the petitioners has submitted that the offences, as alleged in the FIR, have maximum punishment for the term having less Versus Counsel for Petitioner(s) : Anil Kumar Mishra Counsel for Respondent(s) : G.A. Abdulla Siddiki And 8 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Respondent(s) than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for respondent- State 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, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to 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 (supra). 6. 6. Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioners 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 petitioners are directed to appear before the Investigating Officer of the concerned police station on 13.10.2025 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, the interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant. October 7, 2025 MVS/- CRLP No. 9451 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench