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february 2025

Allahabad High Court · 2025-02-06

CRIMINAL MISC. WRIT PETITION No. 23804 of 2024 at Allahabad

Citation / case number
CRIMINAL MISC. WRIT PETITION No. 23804 of 2024 at Allahabad
Court
Allahabad High Court
Petitioner
CRIMINAL MISC. WRIT PETITION No. 23804 of 2024 at Allahabad
Respondent
Unknown
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Judgment text excerpt

Neutral Citation No. - 2025:AHC:17032-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23804 of 2024 Petitioner :- Akhtar Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Agrahari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard 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 01.12.2024 registered as Case Crime No. 0347 of 2024, under Sections 329(3) B.N.S. and 3 Prevention of Damage to Public Property Act, Police Station Thathiya, District Kannauj, 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 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 facie discloses cognizable offences

CRIMINAL MISC. WRIT PETITION No. 23804 of 2024 at Allahabad · Niyam