Allahabad High Court · 2025-03-03
CRIMINAL MISC. WRIT PETITION No. 4003 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 4003 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 4003 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:29899-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4003 of 2025 Petitioner :- Upendra Kumar @ Upendra Kumar Dubey And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Kumar Tripathi 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. Learned A.G.A. submits that notice under the SC/ST Act has been served upon the informant. 2. Although, the prayer made in this writ petition is to quash the FIR dated 14.02.2025 registered as Case Crime No.33 of 2025, under Sections 316(2), 352, 351(3) BNS 2023 and Section 3(1)(R), 3(1)(S) and 3(2)(V) SC/ST Act, Police Station Mohammadabad, District Farrukhabad, but when the matter has been taken up, learned counsel for the petitioners has submitted that all offences, complained of, are punishable only upto seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 41(1)(b) and Section 41-A of Cr.PC/Section 35 (3) to 35 (7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strict