HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10531 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard Shri Ujjwal Mishra, Advocate holding brief of Shri Adil Aziz Khan, learned counsel for the petitioner, learned A.G.A. appearing for the respondent Nos.1 to 3 and Shri Mohammad Alam, learned counsel who has filed his vakalatnama on behalf of respondent No.4. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 29.09.2025 bearing F.I.R./Case Crime No. 412 of 2025, under Sections 74 & 351(3) of B.N.S., 2023 and Sections 7/8 of the POCSO Act, Police Station- Dubagga, District- Lucknow. 3. Learned counsel for the petitioner has 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 him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 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 petitioner, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms Versus Counsel for Petitioner(s) : Adil Aziz Khan, Aman Agarwal Counsel for Respondent(s) : G.A. Shafirqur Rahman .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) 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. 5. Considering the stand of the investigating agency, learned counsel for the petitioner states that his 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 petitioner shall appear before the Investigating Officer of the concerned police station whenever he is required, to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant.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 10, 2025 S. Shivhare CRLP No. 10531 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench