Allahabad High Court · 2025-04-28
CRIMINAL MISC. WRIT PETITION No. 8136 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 8136 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 8136 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:65131-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8136 of 2025 Petitioner :- Smt. Sunita Kashyap And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Shekhar Pal,Sunil Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 08.04.2025 registered as Case Crime No. 144 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 110 B.N.S. and 3(1)(da), 3(1)(dha) SC/ST Act, Police Station Budhana, District Muzaffarnagar, 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 th