CRIMINAL MISC. WRIT PETITION No. 6800 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:53019-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6800 of 2025 Petitioner :- Abhay Sharma @ Abhay Pratap Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Shukla 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, Sri A.P. Dubey, Advocate on behalf of respondent no.3, whose Vakalatnama is taken on record, and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 27.03.2025 registered as Case Crime No.0087 of 2025, under Sections 420, 406 IPC, Police Station-Aims, 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 peruse