CRIMINAL MISC. WRIT PETITION No. 4530 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:34787-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4530 of 2025 Petitioner :- Awadhesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avaneesh Kumar,Kamlesh Prasad Counsel for Respondent :- G.A.,Krishna Kant Dubey,Santosh Kumar Dubey,Udai Chandani 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 27.08.2024 registered as Case Crime No.329 of 2024, under Sections 306, 61(2) BNS 2023, Police Station Noida Sector- 49, District Gautam Buddha Nagar, 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