CRIMINAL MISC. WRIT PETITION No. 4316 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:32992-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4316 of 2025 Petitioner :- Nagendra Ojha Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Devraj Yadav,Satyam Tiwari 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 28.01.2025 registered as Case Crime No.035 of 2025 under Section 74 B.N.S. & Section 3 (2) (va) S.C./S.T. Act, and Section 7/8 POCSO Act, Police Station Sikariganj, District Gorakhpur, 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 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