HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9094 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. In view of 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. 0383 of 2023, under Sections 392, 420, 406, 504, 506 IPC, Police Station- Inayatnagar, District- Ayodhya 4. At the very outset learned AGA, on the basis of instructions dated 5.10.2025 sent by Sri Ravindra Singh, Sub Inspector, P.S. Inyatnagar, Ayodhya, states that subsequent to the lodging of the FIR, Section 392 IPC has been dropped and rest of the offences under which the FIR has been lodged carry maximum sentence for the term less than seven years. The aforesaid statement of the learned AGA has been recorded. 5. Learned counsel for the petitioner has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 6. Learned A.G.A. appearing for respondents-State has given a statement Versus Counsel for Petitioner(s) : Sunil Kumar Counsel for Respondent(s) : G.A. Manoj @ Manoj Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) 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 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. 7. Considering the stand of the investigating agency, learned counsel for the petitioner states that his petition be disposed of in view of the above said facts. 8. 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). 9. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station whenever he is required to cooperate in the investigation. Thereafter, he 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 AKK CRLP No. 9094 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench