HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9799 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1.Heard Sri Bhupendra Yadav, learned counsel for the petitioners, Sri Shani Pratap Singh, learned Additional Government Advocate appearing for the State-opposite parties No.1 to 3 and perused the record. 2.In view of the order proposed to be passed, notice to opposite party no.4 is hereby dispensed with. 3.By means of this writ petition, the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned First Information Report (in short F.I.R.) dated 28.09.2025 bearing FIR/Case Crime No.0336 of 2025 for the offence punishable under Sections 115(2), 352 & 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station-Sarojini Nagar, District-Lucknow (Lucknow South/ Commissionerate Lucknow), so far as it relates to the present petitioners, which is contained as Annexure No.1 to the writ petition. 4.Learned counsel for the petitioners has submitted that the offences as alleged in the First Information Report have maximum punishment for the term upto seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. Learned Additional Government Advocate appearing for State-opposite parties has given a statement on behalf of Investigating Agency that because the offence allegedly committed by the petitioners, entails sentence upto seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by the 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 Versus Counsel for Petitioner(s) : Bhupendra Yadav Counsel for Respondent(s) : G.A. Deepak And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Others .....Respondent(s) another, Special 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 03.11.2025 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. 9. It is observed that since the dictum of Apex Court in re: Satender Kumar Antil (supra) is law of land, therefore, all the concerned must follow the same in its letter and spirit and any disobedience of this dictum is tantamount to contempt of court. Hence, the petitioners may not be unnecessarily harassed if they respond to the notice being issued by the concerned Investigating Officer to cooperate in the investigation. October28,2025 Suresh/ CRLP No. 9799 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench