HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11004 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners and Sri G.D.Bhatt, learned A.G.A. appearing on behalf of the respondents no. 1 to 3. 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 First Information Report dated 01.11.2025 registered as Case Crime No. 303 of 2025 under Sections 3 (5), 329 (3), 324 (4), 308 (4), 115 (2), 352, 351 (2) & 333 of B.N.S, 2023 at Police Station- Kothi District- Barabanki, a copy of which is annexure 1 to the writ petition. 4. Learned counsel for the petitioners has submitted that the offences as alleged in impugned First Information Report 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) : Dhananjai Kumar Tripathi, Nitin Verma Counsel for Respondent(s) : G.A. Durgesh Kumar @ Durgesh Chaurasiya And 10 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 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 he is 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 20, 2025 Pachhere/- CRLP No. 11004 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench