HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2811 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE RAJEEV BHARTI, J. 1. Heard. 2. Learned counsel for the petitioners states that this Court vide order dated 07.02.2025 passed in leading Criminal Misc. Writ Petition No.1081 of 2025, upon the learned counsel for the petitioners indicating that the matter can be resolved amicably, had required appearance of respondent no.4 before this Court on 18.02.2025. 3. Subsequent thereto, vide order dated 18.02.2025 the matter had been referred to the Mediation Center of this Court. He further states that the Mediation Center of this Court has submitted its report per which mediation has been completed but no agreement could be arrived at between the parties. 4. Learned counsel for the petitioners has further 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 them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 5. 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 Versus Counsel for Petitioner(s) : Ajeet Kumar Counsel for Respondent(s) : G.A. Amit Kumar Raghuvanshi Thru. His Father-In-Law Uma Shanker Verma And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Others .....Respondent(s) 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. 6. Considering the stand of the investigating agency, learned counsel for the petitioners states that his 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 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 7, 2025 A. Katiyar CRLP No. 2811 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench