CRIMINAL MISC. WRIT PETITION No. 6159 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:47802-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6159 of 2025 Petitioner :- Rahul Kumar Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gopal Das Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, 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 14.10.2023 registered as Case Crime No.349 of 2024, under Sections 406, 420 IPC and section 66D of I.T. Act, 2008, Police Station-Kotwali, District-Gorakhpur but when the matter has been taken up, learned counsel for the petitioner has submitted that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioner, 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 prima facie discloses cognizable offences against t