HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9413 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Aftab Zaki Khan, learned counsel for the petitioners and learned A.G.A. for the State. None has appeared 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. bearing FIR/Case Crime No. 0833 of 2025, under Sections 115(2), 118(1), 117(2), 109(1), 324(4), 3(5) of B.N.S.S., Police Station Kotwali, District Barabanki. 3. Learned counsel for the petitioners has submitted that Section 109(1) BNSS, has been dropped during investigation which is apparent from the report submitted by the concerned police station, on an application for surrender moved by the petitioners in which Section 109(1) has not been shown and the remaining offences carry punishment of less than seven years, therefore, the petitioners are entitled for the benefit of Section 41-A Cr.P.C. and the mandate of 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. Learned AGA appearing for the respondents-State on the basis of instructions dated 30.9.2025 received from Sri Sanjeev Prakash Singh, SI, P.S. Kotwali Nagar, Barabanki, placed before this Court and taken on record, does not dispute the aforesaid position and submits that Section 109(1) has been dropped vide G.D. No. 17 dated 2.9.2025 and that since the remaining offences entail sentence of less than seven years, therefore, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court Versus Counsel for Petitioner(s) : Afaq Zaki Khan, Alimulla Khan Counsel for Respondent(s) : G.A., Nitin Singh, Shubham Mishra Mohammad Islam And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) 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. 6. Considering the stand of the investigating agency, learned counsel for the petitioners states that this petition may 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 30.10.2025 at 11:00 AM sharp 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 13, 2025 Fahim/- CRLP No. 9413 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench