Allahabad High Court · 2025-03-03
CRIMINAL MISC. WRIT PETITION No. 4004 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 4004 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 4004 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:29893-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4004 of 2025 Petitioner :- Ashish Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Pandey,Santosh Kumar Pandey 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 28.01.2025 registered as Case Crime No.0019 of 2025, under Sections 305 BNS 2023, Police Station Kamalganj, District Farrukhabad, but when the matter has been taken up, learned counsel for the petitioner has submitted that all offences, complained of, are punishable only upto seven years and therefore, before effecting the arrest of the petitioner, 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 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 petitioner and th