HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9634 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, Ms. Meera Tripathi, learned A.G.A. for the State-respondents No.1 to 3 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) A writ order or direction in the nature of certiorari to quash the impugned F.I.R. registered at Police Station- Lambhua, District Sultanpur, dated 28.09.2025 at 18:53 hrs. in Case Crime No.0388 of 2025 under Sections 3(5), 115(2), 352, 351(3) and 318(4) of Bhartiya Nyay Sanhita, lodged by opposite party no.4 on the false & fabricated grounds contained in Annexure No.1 to this writ petition. (ii) A writ order or direction in the nature of mandamus thereby commanding to the opposite parties no.2 to 3 not to arrest the petitioners in pursuance of the impugned F.I.R. registered at Police Station- Lambhua, District Sultanpur, dated 28.09.2025 at 18:53 hrs. in Case Crime No.0388 of 2025 under Sections 3(5), 115(2), 352, 351(3) and 318(4) of Bhartiya Nyay Sanhita, lodged by opposite party no.4 on the false & fabricated ground." 4. Learned counsel for the petitioners 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 them, which is contrary to the mandate of the Bhartiya Nagrik Suraksha Sanhita. Versus Counsel for Petitioner(s) : Shiv Prakash Dwivedi Counsel for Respondent(s) : G.A. Aasha Devi And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Others .....Respondent(s) 5. Learned Additional Government Advocate appearing for respondent- State has submitted on behalf of investigating agency that since the offences allegedly committed by the petitioners entail a sentence of less 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. 6. 6. Considering the stand taken by the investigating agency, learned counsel for the petitioners states that let this petition may be disposed of in view of the above-mentioned facts. 7. 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). 8. However, it is directed that the petitioners 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, they shall continue to cooperate in the investigation till its completion, failing which the protection granted under this order shall not be available to them. October 10, 2025 Shubhankar CRLP No. 9634 of 2025 2 (Amitabh Kumar Rai,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench