Allahabad High Court · 2025-03-12
CRIMINAL MISC. WRIT PETITION No. 4716 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 4716 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 4716 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:36236-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4716 of 2025 Petitioner :- Lal Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar,Sunil Kumar Tiwari 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 the FIR dated 26.0.2024 registered as Case Crime No.367 of 2024, under Sections 74, 351(2) of B.N.S. 2023, Police Station-Nebua Naurangia, District-Kushi Nagar 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 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 offences against the petit