HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9219 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE TEJ PRATAP TIWARI, J. 1. Sri Abdul Rub, Advocate and Sri Irfan Khan, Advocate have filed power on behalf of respondent 4 today in Court and the same is taken on record. 2. Heard learned counsel for the petitioners, learned counsels for respondent no.4 and learned A.G.A. for the State. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0422 of 2025, under Section 115(2), 352/351(2), 74/309(4) of B.N.S, 2023 Police Station- Ram Nagar, District- Barabanki, a copy of which is annexure 1 to the writ petition. 4. At the very outset, learned A.G.A. on the basis of instructions received from Sri Abhinandan Pandey, Sub Inspector, Pollice Station Ram Nagar, District-Barabanki dated 25.09.2025 submits that Section 309(4) of B.N.S., 2023, as indicated in the F.I.R. dated 11.09.2025 has been dropped against petitioners during course of investigation. 5. Learned counsel for the petitioner has submitted that the after removal of Section 309(4) of B.N.S., 2023, remaining offences as alleged in FIR carry maximum punishment for the term less than seven years Versus Counsel for Petitioner(s) : Umesh Kumar Dubey Counsel for Respondent(s) : G.A. Suresh Chandra And Others .....Petitioner(s) State Of U.P. Thru. Secy. Ministry Of Home Affairs Lko. And Others .....Respondent(s) imprisonment, whereas, the police is trying to arrest them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 6. 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. 7. 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. 8. 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). 9. 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. November 3, 2025 Arti/- CRLP No. 9219 of 2025 2 (Tej Pratap Tiwari,J.) (Abdul Moin,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench