HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9560 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Mohd. Salman Abbas, learned counsel appearing on behalf of the respondent no. 4 who is said to have filed Caveat. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R dated 01.10.2025 bearing FIR/Case Crime No. 257 of 2025, under Sections 191(2), 191 (3), 110, 352, 351 (2) of B.N.S Police Station- Wazeerganj District- Lucknow, a copy of which is annexure 1 to the writ petition. 3. Learned counsel for the petitioners has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 4. Learned A.G.A. appearing for respondents-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 judgments rendered by 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- (2022) 10 SCC 51. Versus Counsel for Petitioner(s) : Lokendra Kumar Gupta, Ravendra Pratap Singh Counsel for Respondent(s) : G.A. Mohammad Shamim Siddiqui And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Lko And Others .....Respondent(s) 5. Considering the stand of the investigating agency, learned counsel for the petitioners states that his petition be disposed of in view of the above said facts. 6. 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 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 whenever they are required 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shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. October 9, 2025 Pachhere/- CRLP No. 9560 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench