HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9902 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioners and learned A.G.A. appearing for the State-opposite parties no.1 to 3 and perused the record. 2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No.210 of 2025, for the offence under Sections 115 (2), 351 (2), 352 and 85 of B.N.S., Police Station- Malihabad , District- Lucknow . 4. 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 petitioner, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned A.G.A. appearing for respondent-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner 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 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. Versus Counsel for Petitioner(s) : Vimal Kishor Singh Counsel for Respondent(s) : G.A. Amarkant And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Others .....Respondent(s) 6. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said 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 petitioner shall appear before the Investigating Officer of the concerned police station on 17.11.2025 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shall continue to cooperate in the investigation till its completion, failing which protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. 9. It is needless to say that since this petition has been disposed of in the light of dictum of Hon'ble Apex Court in re; Satender Kumar Antil (supra), therefore, the direction thereof shall be followed by the Investigating Agency/court concerned in its letter and spirit, as the direction of the Apex Court is law of land. . . (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) November 10, 2025 Anuj Singh CRLP No. 9902 of 2025 2 Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench