CRIMINAL MISC. WRIT PETITION No. 704 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:15633-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 704 of 2025 Petitioner :- Ajay Kharwar And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yakub Ali Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,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 23.06.2024 registered as Case Crime No.429 of 2024 under Sections 147, 323, 504, 506, 452, 427 IPC, P.S. Chiluatal, Distt. Gorakhpur, 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 the FIR, which prima facie discloses cognizable offences against the petitioners and therefore,