HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10127 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1.Heard Ms. Monika Shukla, Advocate holding brief of Sri Tripuresh Mishra, learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of proposed order, notice to opposite party no.4 is hereby dispensed with. 3. This petition has been filed challenging the F.I.R dated 09.10.2025 vide Case Crime No.0271 of 2025, under Sections 85 B.N.S. (498-A I.P.C.), 115 (2) B.N.S. (323 I.P.C), 352 B.N.S.,(504 I.P.C), 351 (3) B.N.S. (506 I.P.C) & under Section 3/4 Dowry Prohibition Act, 1961, Police Station Motigarpur, District Sultanpur. 4. 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. 5. 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 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 Versus Counsel for Petitioner(s) : Chandrika Rani Upadhyay, Satyam Pandey, Tripuresh Mishra Counsel for Respondent(s) : G.A. Susma @ Susma Devi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And 3 Others .....Respondent(s) Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 6. 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. 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 re; 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 01.12.2025 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. November 10, 2025 Shahnaz CRLP No. 10127 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench