HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10092 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Power filed by Shri Dheerendra Kumar Singh, learned counsel on behalf of the opposite party no. 4 is taken on record. 2. Heard Sri Aman Kumar Gupta, learned counsel for the petitioners, learned A.G.A. for the State and Sri Dheerendra Kumar Singh, learned counsel for the opposite party no. 4. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0216 of 2025, under Section 306 of the B.N.S., 2023, Police Station Ekona, District Shravasti. 4. Learned counsel for the petitioners submits that the petitioners are labourers and the impugned F.I.R. has been lodged against them on the basis of wrong and concocted story whereas the alleged tractor and trolley were given by the respondent no. 4 himself to the petitioners for going to their house as no other transport vehicle was available at that time. Thus, the submission is that the impugned F.I.R. lodged against the petitioners is not sustainable in the eye of law. 5. Learned A.G.A. vehemently opposing the submissions of learned counsel for the petitioners submits that the petitioners were to shift the machinery etc. by the tractor and trolley to the other site but instead of shifting the same the petitioners went with the same and did not return, on account of which, the work of the respondent no. 4 is being affected. Thus, the submission is that the impugned F.I.R. has rightly been lodged against the petitioners. 6. Learned A.G.A. submits that the offences in the impugned F.IR. carry Versus Counsel for Petitioner(s) : Hemant Tripathi, Aman Kumar Gupta Counsel for Respondent(s) : G.A. Pushpendra And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) punishment less than seven years, therefore, the petitioners are entitled to the benefit of provision of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the judgments rendered by Hon'ble Supreme Court in 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 and the same shall be followed by the respondent authorities. 7. 7. In view of the above, 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) subject to material, if any, comes in the investigation and in such case the Investigating Authority shall proceed accordingly. 8. The petitioners shall appear before the Investigating Officer of the concerned police station on 27.11.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation, failing which, the concerned authority will proceed in accordance with law. November 6, 2025 kanhaiya CRLP No. 10092 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench