HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9959 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioners and learned A.G.A. appearing for the State-opposite parties no.1 to 3and perused the record. 2. In view of the proposed order, notice to opposite party 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.320 of 2025, for the offence under Sections 69, 351 (3), 352 B.N.S. of B.N.S., Police Station- Taalgawn, District-Sitapur. 4. Learned counsel for the petitioners has submitted that the offences as alleged in the FIR have maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest the petitioner, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita. 5. At the very outset, Ms. Meera Tripathi, learned A.G.A. has informed that in the F.I.R. the main allegation of Section 69 BNS has been levelled against Umesh, S/o Vijai. The aforesaid accused has expired before filing of the writ petition. Against the other accused persons Section 69 B.N.S. has been dropped and the remaining sections are having punishment up-to 7 years, therefore, the present petitioner may be given the benefit of dictum of Hon'ble Apex Court in Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51 Versus Counsel for Petitioner(s) : Kamlesh Kumar Gupta Counsel for Respondent(s) : G.A. Vijay And 2 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 3 Others .....Respondent(s) 6. Learned A.G.A. appearing for respondent-State has also given a statement on behalf of investigating agency that 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. 7. Considering the stand of the investigating agency, learned counsel for the petitioner states that let this 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 on 4.11.2025 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. . . (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) October 28, 2025 Anuj Singh CRLP No. 9959 of 2025 2 Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench