Allahabad High Court · 2025-03-17
CRIMINAL MISC. WRIT PETITION No. 4892 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 4892 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 4892 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:37534-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4892 of 2025 Petitioner :- Mahabir And 3 Others Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Sushil 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- respondent and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 05.02.2025 registered as F.I.R. No. 11 of 2025, under section 85, 115(2), 351(2), 352 of BNS, 2023 and section 3/4 D.P. Act, P.S. Mahilathana, District Rampur, 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 CrPC/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 a