CRIMINAL MISC. WRIT PETITION No. 3140 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:32915-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3140 of 2025 Petitioner :- Rachit Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Jha,Rishabh Agarwal,Sharadey Mishra 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 19.10.2024 registered as Case Crime No. 555 of 2024, under Sections 420, 406, 323, 506 IPC, Police Station Sihani Gate, District Ghaziabad, but when the matter has been taken up, learned counsel for the petitioner has submitted that offence, complained of, is 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 offence against the petitioner