CRIMINAL MISC. WRIT PETITION No. 4375 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:33159-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4375 of 2025 Petitioner :- Ashish Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Mohan Mishra 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 09.01.2025 registered as Case Crime No.39 of 2025, under Sections 74, 296, 352, 351(2) B.N.S., Police Station- Kotwali, District-Deoria, but when the matter has been 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 Nagarik 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 therefore, t