HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8537 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Brijendra Kumar Singh, learned counsel for the petitioner and learned A.G.A. 2. This petition has been filed challenging the F.I.R. dated 21.10.2025 vide Case Crime No.0513 of 2024, under Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station Ramsanehi Ghat, District Barabanki. 3. Learned counsel for the petitioner submits that the impugned F.I.R has been lodged on the basis of wrong and concocted story whereas the petitioner is innocent in the matter. 4. Learned A.G.A. on the basis of instructions dated 31.10.2025, received from Sri Rajkumar Patel, Senior Sub Inspector, Police Station Ramsanehighat, District Barabanki, a copy of which has been placed before this Court and is taken on record submits that during investigation Sections 419, 467, 468, 471, I.P.C have been dropped and further investigation under Sections 420 and 406 I.P.C are going on 5. Learned A.G.A. submits that this petition is misconceived, however, he submits that since the offence allegedly committed by the petitioners, entails sentence of less than seven years, therefore, they are entitled for the benefit of provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 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, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 6. In view of above, this petition is disposed of in terms of the statement of by learned A.G.A. November 7, 2025 Shahnaz Versus Counsel for Petitioner(s) : Arun Kumar Shukla, Anuj Kumar Misra, Brijendra Kumar Singh Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Aviral Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Secy. Home Sectt. Lko And 3 Others .....Respondent(s) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench