HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10233 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner, Sri G.D.Bhatt, learned A.G.A. appearing on behalf of the respondents no. 1 to 2 and Sri Pankaj Gupta, Advocate who has filed his Vakalatnama today in Court on behalf of the respondent no. 3 which is taken on record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 17.10.2025 registered as Case Crime No. 0329 of 2025 under Sections 115 (2) & 352 of B.N.S, 2023 at Police Station- Harpalpur District- Hardoi, a copy of which is annexure 1 to the writ petition. 3. Learned counsel for the petitioner has submitted that the offences as alleged in impugned range case 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 petitioner, 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 Versus Counsel for Petitioner(s) : Amar Nath Dubey, Ankit Dubey, Lalit Shukla, Swati Sharma Counsel for Respondent(s) : G.A. Amit @ Amit Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Respondent(s) SCC 51. 5. Considering the stand of the investigating agency, learned counsel for the petitioner 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 petitioner 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 31, 2025 Pachhere/- CRLP No. 10233 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench