# CRIMINAL MISC. WRIT PETITION No. 7079 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-04-15
Citation: CRIMINAL MISC. WRIT PETITION No. 7079 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. WRIT PETITION No. 7079 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=55747)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:54953-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7079 of 2025 Petitioner :- Saumitra Shukla Alias Pintu And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Saurabh Kumar Pandey, learned counsel for the petitioner, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 14-03-2025registered as Case Crime No. 43 of 2025 under Sections 191(2), 115(2), 352, 351(3), 74 of B.N.S. and 3(1) (R) and 3(1) of SC/ST Act, Police Station Gujaini, District Kanpur Nagar, 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 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

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