HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9809 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioner and learned A.G.A. appearing for the State/opposite parties and 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. dated 2.10.2025 bearing FIR/Case Crime No. 0596 of 2025., for the offence under Section 69, 351(3) of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Thakurganj, District Lucknow. 4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Bhartiya Nayay Sanhita (BNS), 2023. 5. Learned AGA has submitted that he has received the written instructions in the matter and as per aforesaid instructions the present petitioners who are parents of main accused Vinay Prajapati were found involved only u/s 351(3) BNS and charge-sheet has been filed against them under that section only. Though charge-sheet has been filed against Versus Counsel for Petitioner(s) : Seraj Ahmad, Mohammad Aamir Zia, Sandeep Kumar Ojha, Shrikant Tripathi, Touqeer Ahmad Counsel for Respondent(s) : G.A. Ram Naresh Prajapati And Another .....Petitioner(s) State Of U.P. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) the son of the present petitioners namely, Vinay Prajapati u/s 69 and 351(3) BNS. Since the charge-sheet has been filed u/s 351(3) BNS wherein the punishment is up to seven years. Since 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, 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 Apex Court in the case of Arnesh Kumar (supra) and Satender Kumar Antil (supra). 8. Since the charge-sheet has already been filed, the present petitioners may take appropriate remedy before the appropriate court of law. October 28, 2025 Om CRLP No. 9809 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench