Allahabad High Court · 2025-03-04
CRIMINAL MISC. WRIT PETITION No. 4059 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 4059 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 4059 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:30363-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4059 of 2025 Petitioner :- Swachh-Dhan India Nidhi Company Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anup Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State respondent and perused the record. 2. The instant writ petition is preferred to quash the FIR dated 18.10.2024 registered as Case Crime No. 1010 of 2024, under Sections 406 I.P.C., Police Station- Gulriha, District- Gorakhpur. 3. Today, when the matter is 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. 4. We have perused the FIR, which prima facie discloses cognizable offences against the petitioner and