HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10069 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1.Vakalatnama filed By Sri Mayuresh Srivastava,Advocate on behalf of the respondent no.4 is taken on record. 2. Supplementary affidavit by learned counsel for the petitioner is taken on record. 3. Heard Sri R.D. Shahi, learned counsel for the petitioner, learned AGA and learned counsel for the respondent no.4. 4. Learned AGA, on the basis of instructions dated 29.10.2025 received from Ram Pratap Yadav, Sub Inspector, Police Station Mil Area, District Raebareli, which has been produced before this Court and taken on record, submits that during investigation, Section 109 BNS 2023 has been dropped, as no such offence has been found to have been committed and the remaining offence 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, which could not be disputed by learned counsel for the petitioner. 5. In view of above, the petition is disposed of in terms of the statement of learned AGA. November 3, 2025 Akanksha Sri/- Versus Counsel for Petitioner(s) : Ram Pratap Yadav, Ripu Daman Shahi Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Avinash Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others .....Respondent(s) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench