HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8341 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioner, Shri Arun Kumar Pandey, learned A.G.A. for the State-respondents and perused the material placed on record. 2. In view of the proposed order being passed, notice to respondent No. 4 is hereby dispensed with. 3. This writ petition has been filed with the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned First Information Report dated 25.08.2025 lodged by the opposite party no.4 against the petitioner which has been registered at Case Crime No. 587/2025 under section, 115(2), 352, 351(3) B.N.S., Police Station-Fatehpur, District-Barabanki (contained as Annexure No. 1 to this writ petition. ii) Issue a writ, order or direction in the nature of Mandamus commanding directing to the opposite party no.1 to 3 not to be arrest the petitioner in Case Crime No. 587/2025, under section, 115(2), 352, 351(3) B.N.S., Police Station-Fatehpur, District Barabanki. iii) Issue a writ, order or direction in the nature of Mandamus commanding directing to the opposite party no.1 to 3 to taken action on the application Versus Counsel for Petitioner(s) : Anil Kumar Mishra, Kaushal Tiwari, Ram Pratap Yadav Counsel for Respondent(s) : G.A. Brajesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) dated 25/08/2025 which was given by the petitioner to the police station Fatehpur District Barabanki which is contained as Annexure No.3 to the writ petition." 4. Learned A.G.A. has produced a copy of instructions dated 1.9.2025. The same is taken on record. 5. As per aforesaid instructions the investigating agency is not trying to arrest the petitioner. 6. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term having less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 7. Learned Additional Government Advocate appearing for respondent-State has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioner, entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to 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. 8. Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioner states that this petition be disposed of in view of the above said facts. 9. 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 Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 10. It is made clear that the dictum of Hon’ble Supreme Court in the case of Satender Kumar Antil (supra) is law of the land therefore all concerned is duty bound to follow the same in its letter and spirit. 11. It is also expected that if the present petitioner cooperates in the CRLP No. 8341 of 2025 2 investigation he may not be harassed by the investigating agency in any manner whatsoever otherwise it would be treated as disobedience of the dictum of Hon’ble Supreme Court in the case of Satender Kumar Antil (supra). 12. However, the petitioner is directed to appear before the Investigating Officer of the concerned police station on 10.10.2025 at 11.00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant. October 6, 2025 J. K. Dinkar CRLP No. 8341 of 2025 3 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench