HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9823 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioner and the learned Additional Government Advocate appearing for the State-opposite parties No.1 to 3 and perused the record. 2. In view of the order proposed to be passed, notice to opposite party no.4 is hereby dispensed with. 3. By means of this writ petition, the petitioner seeks issuance of direction in the nature of certiorari for quashing the impugned First Information Report (in short F.I.R.) dated 25.09.2025 bearing FIR/Case Crime No.354 of 2025 for the offence punishable under Sections 3 & 7 of Essential Commodities Act, Police Station-Rampur Mathura, District-Sitapur, so far as it relates to the present petitioner, which is contained as Annexure No.1 to the writ petition. 4. Learned counsel for the petitioner has submitted that the offences as alleged in the First Information Report have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest her, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for State-opposite parties 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 the Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and Versus Counsel for Petitioner(s) : Mukul Kumar Sharma, Mohammad Saem Shiraz, Mohit Sharma Counsel for Respondent(s) : G.A. Parana Devi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. (Home) Govt. Of U.P. Lok Bhawan Lko. (U.P.) And 3 Others .....Respondent(s) 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. Considering the stand of the Investigating Agency, learned counsel for the petitioners states that let this 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 on 06.11.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, she 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. 9. It is observed that since the dictum of Apex Court in re: Satender Kumar Antil (supra) is law of land, therefore, all the concerned must follow the same in its letter and spirit and any disobedience of this dictum is tantamount to contempt of court. Hence, the petitioner may not be unnecessarily harassed, if she responds to the notice being issued by the concerned Investigating Officer to cooperate in the investigation. October30,2025 Suresh/ CRLP No. 9823 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench