HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9539 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Shri Ashutosh Bajpai, learned counsel for the petitioner, Shri Vijay Prakash Dwivedi, learned A.G.A. for the State-respondents No.1, 2, Shri Prateek Shrivastava, learned counsel for the Caveator-respondent No.3 and perused the material placed on record. 2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned first information report lodged by opposite party No.3 in F.I.R./Case Crime No.0289 of 2025, under Section 303(2), 317(2), 352, 351(3) of B.N.S., police station Ramgaon, District Bahraich contained as Annexure No.1 to this writ petition, in respect of the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner in pursuance of F.I.R./Case Crime No.0289 of 2025, under Section 303(2), 317(2), 352, 351(3) of B.N.S., police station Ramgaon, District Bahraich." 3. Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. have maximum punishment for the term less than seven years imprisonment, whereas the police are attempting to arrest him, which is contrary to the mandate of the Bhartiya Nagrik Suraksha Sanhita. 4. Learned Additional Government Advocate appearing for respondent- State has submitted on behalf of investigating agency that since the offences allegedly committed by the petitioner entail a sentence of less Versus Counsel for Petitioner(s) : Ashutosh Bajpai Counsel for Respondent(s) : G.A., Prateek Shrivastava Mahesh Chandra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And 2 Others .....Respondent(s) than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed, in accordance with the judgments rendered by the Hon'ble Supreme Court in 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 taken by the investigating agency, learned counsel for the petitioner states that let this petition may be disposed of in view of the above-mentioned facts. 6. Accordingly, the writ petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down by the Hon'ble Supreme Court in the cases of 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 on 16.10.2025 at 11:00 A.M. sharp for the purpose of cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which the protection granted under this order shall not be available to him. October 10, 2025 Shubhankar CRLP No. 9539 of 2025 2 (Amitabh Kumar Rai,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench