HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9041 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of proposed order, notice to respondent No.4 is hereby dispensed with. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0192 of 2025, under Sections 74, 115(2), 352 & 351(3) of B.N.S., 2023 and Section 3(1)(da), 3(1)(gha), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, at Police Station- Sammanpur, District- Ambedkar Nagar lodged by the opposite party No.4. 4. Learned counsel for the petitioner contends that subsequent to the impugned FIR No. 0192 of 2025 under Sections 74, 115(2), 352 & 351(3) of B.N.S., 2023 and Section 3(1)(da), 3(1)(gha), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act lodged against the petitioner at Police Station Sammanpur, District Ambedkar Nagar. The provisions of Section 7/8 of the POCSO Act has also been added. He further contends that the offences as alleged in FIR 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. 5. Learned A.G.A. appearing for respondents-State has given a statement on Versus Counsel for Petitioner(s) : Vishal Tripathi, Surjeet Kumar Mishra Counsel for Respondent(s) : G.A. Rashida And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) 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- (2022) 10 SCC 51. He further states that the victim was minor on the date of commission of the alleged offence. 6. Considering the stand of the investigating agency, learned counsel for the petitioners states that his 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 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 16, 2025 Reena/- CRLP No. 9041 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench