Allahabad High Court · 2025-04-09
CRIMINAL MISC. WRIT PETITION No. 6592 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 6592 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 6592 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:51653-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6592 of 2025 Petitioner :- Gyanendra Kumar Srivastava And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- Anjeet Singh,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 23.03.2025 registered as Case Crime No. 76 of 2025, under Sections 85, 115(2), 352, 351(2) of BNS, 2023 and Section 3/4 of D.P. Act, P.S. Malwan, District Fatehpur, 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 CrPC/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 f