CRIMINAL MISC. WRIT PETITION No. 4330 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:32453-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4330 of 2025 Petitioner :- Kamlesh Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Shankar Shukla,Vishvajeet 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 A.G.A. for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash FIR dated 25.12.2024 registered as Case Crime No.308 of 2024, under Sections 274 B.N.S. and Section 60(1) of Excise Act, Police Station-Bariyarpur, District-Deoria but when the matter has been taken up, learned counsel for the petitioners has submitted that offences, complained of, are punishable only up to 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.P.C./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