HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9190 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Ms. Ranjana Agnihotri, learned counsel for the petitioners, learned A.G.A. for the State and the respondent No.3, who appears in person before this Court. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No.0501 of 2025, under Sections 75, 352, 351(2), 324(4) and 191(2) of BNS, 2023, Police Station Chinhat, District Lucknow. 3. 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. She further submits that the petitioners shall not harass the respondent No.3 in any manner, however, she also submits that the respondent No.3 shall also give an undertaking that she will not harass the petitioners in any manner. To which, the respondent No.3 has no objection and she also undertakes accordingly. 4. 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) : Ranjana Agnihotri, Utkarsh Pratap Singh Counsel for Respondent(s) : G.A. Shubhan Shau And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home, Civil Sectt., 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. 5. 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. 6. 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). 7. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 27.10.2025 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. October 7, 2025 Saurabh CRLP No. 9190 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench