HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9269 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. At the very outset, learned AGA on the basis of instructions states that Section 309(4) of B.N.S., 2023, as indicated in the FIR No.0136/2025, under Sections 3(5), 115(2), 352, 333, 309(4), 324(3) and 351(3) of B.N.S., Police Station Shivgarh, District Sultanpur, has been dropped during investigation and thus all offences now against the petitioner carry punishment of less than seven years. 2. The aforesaid statement of learned AGA is recorded. 3. Upon the same being pointed learned counsel for the petitioner prays that the writ petition may be disposed of in view of law laid down by Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another- (2022) 10 SCC 51. 4. Heard learned counsel for the petitioner and learned A.G.A. for the State. 5. In view of order proposed to be passed, notice to opposite party no.3 is hereby dispensed with. 6. Learned A.G.A. appearing for respondents-State has given a statement on behalf of investigating agency that because the offence allegedly Versus Counsel for Petitioner(s) : Anupesh Kumar, Jagdamba Prasad , Shiv Pratap Maurya Counsel for Respondent(s) : G.A. Dinesh Verma @ Dinesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Respondent(s) committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 7. 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 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 whenever they are required 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shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant.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 9, 2025 A. Katiyar CRLP No. 9269 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench