HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9912 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State, as well as Shri Shesh Mani Dubey, Advocate, who has put in appearance on behalf of opposite party no. 4 by way of filing his Vakalatnama. The Vakalatnama is taken on record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 11.10.2025 bearing FIR/Case Crime No.0276/2025, under Sections 115(2), 352, 351(3) and 333 B.N.S. lodged at Police Station Leelapur, District Pratapgarh. 3. Learned counsel for the petitioners has submitted that the offences, as alleged in the FIR, have maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest the petitioners, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 4. Learned A.G.A., appearing for respondent-State, has given a statement on behalf of investigating agency that because the offences, allegedly committed by the petitioners, entail 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 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. 5. Considering the stand of the investigating agency, learned counsel for the Versus Counsel for Petitioner(s) : Akhilesh Kumar Pandey Counsel for Respondent(s) : G.A. Asha Mishra And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) petitioners states that let this petition be disposed of in view of the above said facts. 6. 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). 7. However, it is directed that the petitioners 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, 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shall continue to cooperate in the investigation till its completion, failing which protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. . October 30, 2025 MVS/- CRLP No. 9912 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench