HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11943 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE MRS. BABITA RANI, J. 1. Sri Piyush Pathak, Advocate has filed his power alongwith Sri Om Prakash Prajapati, Advocate on behalf of the opposite party No.4 alongwith a short counter affidavit, which is taken on record. 2. Heard Sri Gyanendra Pathak, learned counsel for the petitioners, Sri Piyush Pathak, learned counsel for the opposite party No.4 and learned A.G.A. for the State. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No.0199/2025, under Sections 115(2), 352, 351(3) B.N.S. and Sections 3(1)(Da), 3(1)(Dha), 3(2)(va) of S.C./S.T. Act, Police Station Nawabganj, District Bahraich. 4. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates 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) : Gyanendra Pathak Counsel for Respondent(s) : G.A. Guddu Verma @ Ramesh Kumar @ Ramesh Verma .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. 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, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 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 petitioners shall appear before the Investigating Officer of the concerned police station on 09.01.2026 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. December 19, 2025 Saurabh CRLP No. 11943 of 2025 2 (Mrs. Babita Rani,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench