HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10701 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard Sri Ram Ashish, learned counsel for the petitioners, and learned AGA appearing for respondents no.1 to 3. 2. No notice be issued to respondent no.4 taking into consideration the nature of order proposed to be passed. 3. Learned counsel for the petitioners after arguing at some length submits that he does not intend to press the writ petition so far as it pertains to petitioner no.1 and prays that the same may be dismissed as withdrawn with liberty to the petitioner no.1 to pursue appropriate remedy as may be available to him under law. 4. Accordingly, the writ petition is dismissed as withdrawn so far as it pertains to petitioner no.1 with liberty as aforesaid. 5. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0148 of 2025, under Sections 69, 115(2), 352, 351(3) of B.N.S., 2023 and Sections 3(1)(Da), 3(1)(Dha), 3(2)(v) and 3(2)(va) of SC/ST Act, Police Station- Udaipur Mathura, District- Pratapgarh. 6. Learned counsel for the petitioners has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven Versus Counsel for Petitioner(s) : Ram Ashish, Purnima Singh, Ram Lakhan Counsel for Respondent(s) : G.A. Sonu Singh And Others .....Petitioner(s) State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And Others .....Respondent(s) years imprisonment, whereas, the police is trying to arrest them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 7. 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. 8. Considering the stand of the investigating agency, learned counsel for the petitioners states that the petition be disposed of in view of the above said facts. 9. 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). 10. 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 15, 2025 A. Katiyar CRLP No. 10701 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench