HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10017 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Learned counsel for the petitioner filed application for amendment in writ petition, which is taken on record. 2. Office to register the same and allot the number. 3. This application for amendment has been filed for deleting 'S' from the word BNSS, at every place in the petition, where-ever it has inadvertently been mentioned due to typographical error. To which there is no objection by the other side. 4. On due consideration, the application is allowed. Learned counsel for the petitioner is permitted to amend the petition accordingly during course of the day. On Petition 5. Heard Sri Pratyush Mishra,learned counsel for the petitioner, learned AGA and Sri Suraj Kumar Singh,Advocate holding brief of Sri Manoj Kumar Singh, learned counsel for the respondent no.3. 6. This petition has been filed challenging the F.I.R. dated 11.10.2025 vide Case Crime No.0478/2025, under Sections 309(4), 329(3), 324(4) & 351(3) BNS, Police Station Nanpara, District Bahraich. 7. Learned counsel for the respondent no.3 submits that the interim Versus Counsel for Petitioner(s) : Pratyush Mishra, Shashank Dwivedi Counsel for Respondent(s) : G.A., Manoj Kumar Singh Rajneesh Rastogi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Others .....Respondent(s) injunction granted in Civil Appeal No.19/13 on 15.04.2013 is continuing upto 27.10.2025, in regard to the property in dispute. 8. Learned AGA, on the basis of instructions dated 30.10.2025 received from Purnesh Narayan Pandey, Sub Inspector, Police Station Nanpara, District Bahraich, which has been produced before this Court and taken on record, does not dispute the contention of learned counsel for the respondent no.3. He further submits that during investigation, Section 309(4) BNS 2023 has been dropped and now the investigation is going on in regard to Section 329(3), 324(4), 351(3) BNS 2023 and all the sections carry punishment less than 7 years, therefore the 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, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 9. 9. In view of above, the petition is disposed of in terms of the statement of learned AGA. October 31, 2025 Akanksha Sri/- CRLP No. 10017 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench