HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10461 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE RAJEEV BHARTI, J. 1. Dr. Ajai Pratap Singh Chauhan, Advocate, has put in appearance on behalf of respondent no.4 by filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A. for respondents no.1, 2 and 3 and Dr. Ajai Pratap Singh Chauhan, learned counsel for respondent 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.0250 of 2025, under Sections 191(2), 115(2), 117(2), 352, 351(2), 303(2) of B.N.S., Police Station - Jankipuram, District- Lucknow, Police Commissionerate (North) Lucknow. 4. Learned counsel for the petitioner 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 him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 5. 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, Versus Counsel for Petitioner(s) : Mohammad Raza Khan, Ashok Kumar Vishwakarma Counsel for Respondent(s) : G.A. Rameshwar Tiwari @ Ram Tiwari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 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. 6. 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. 7. 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). 8. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station whenever he is required to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant.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 7, 2025 Anand/- CRLP No. 10461 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench