HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10572 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Counter affidavit filed on behalf of respondent No.4 is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A. for the State- respondents No.1 to 3 and Shri Sajjad Husain, learned counsel for the caveator-respondent No.4. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 01.11.2025 bearing F.I.R./Case Crime No. 237 of 2025, under Sections 115(2), 351(2), 191(2), 288, 110 of B.N.S., 2023, Police Station- Malihabad, District- Lucknow. 4. Learned counsel for the petitioners 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 them, 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 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. 6. 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 Versus Counsel for Petitioner(s) : Ashutosh Mishra Counsel for Respondent(s) : G.A., Sajjad Husain Umar Gaus Khan @ Ghous Mohammad Khan And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s) 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 petitioners 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shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant.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 11, 2025 S. Shivhare CRLP No. 10572 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench