HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8915 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. appearing on behalf of respondent Nos.1 to 3. 2. No notice be issued to respondent Nos.4 to 6 taking in view of nature of order proposed to be passed. 3. The instant petition has been filed praying for quashing of the F.I.R. dated 05.07.2025 registered as F.I.R./ Case Crime No.0101 of 2025, under Sections 126(2), 74, 351(2), 137(2) of B.N.S. and Sections 7/8 of POCSO Act, Police Station Rahimabad, District Lucknow, a copy of which is annexure 1 to the petition. 4. At the outset, learned A.G.A. states, on the basis of instructions sent by Shri Upendray Yadav, Sub-Inspector, Police Rahimabad, District Lucknow dated 19.09.2025, that sections 126(2), 74, 351(2) of B.N.S. 2023 as well as Sections 7/8 of the POCSO Act, 2012 have been dropped against the petitioner leaving only one Section 137(2) of the B.N.S. 2023 remaining against the petitioner which involves a punishment of less than 7 years. 5. Learned counsel for the petitioner has submitted that the said offence carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita. 6. 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 petitioner, entails sentence of less than seven years, provisions of Versus Counsel for Petitioner(s) : Mohammad Moqueem, Rehan Aziz Counsel for Respondent(s) : G.A. Shailendra Minor Thru. His Father And Legal Guardian Sri Kailash .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Others .....Respondent(s) 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- (2022) 10 SCC 51. 7. Considering the stand of the investigating agency, learned counsel for the petitioner states that his petition be disposed of in view of the above said facts. 8. 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). 9. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station whenever he is required, to cooperate in the investigation. Thereafter, he 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 14, 2025 S. Shivhare CRLP No. 8915 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench