# CRIMINAL MISC. WRIT PETITION No. 5969 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-04-07
Citation: CRIMINAL MISC. WRIT PETITION No. 5969 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. WRIT PETITION No. 5969 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=51667)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:49467-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5969 of 2025 Petitioner :- Vivek Patel Alias Deenanath Patel And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Yadav Counsel for Respondent :- Brij Raj,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 04.03.2025 registered as Case Crime No.61 of 2025, under Sections 115(2), 351(3), 352, 333 of B.N.S., Police Station- Phoolpur, District-Gomti (Commissionerate Varanasi) but when the matter has been taken up, learned counsel for the petitioners has submitted that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 41(1)(b) and Section 41-A of Cr.P.C./Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3. We have perused the FIR, which

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