CRIMINAL MISC. WRIT PETITION No. 7327 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:58517-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7327 of 2025 Petitioner :- Praveen @ Praveen Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhay Raj Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Abhay Raj Singh, 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 F.I.R. dated 23-02-2025, registered as Case Crime No. 96 of 2025, under Section 406 IPC, Police Station -Phase 2 Madhya Commissionerate, District Gautambudh Nagar, when the matter was taken up, learned counsel for the petitioner submitted that the offence complained of is punishable with imprisonment for a term up to seven years and, therefore, before effecting the arrest of the petitioner, the specific provisions contained in Section 41(1)(b) and Section 41-A of the Cr.P.C./Section 35(3) to 35(7) of the Bhartiya Nagrik Suraksha Sanhita, 2023, be strictly complied with in view of the law laid down by the Hon’ble Apex Court in several judgments. 3. We have perused the FIR, which pr