Allahabad High Court · 2025-03-19
CRIMINAL MISC. WRIT PETITION No. 5021 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 5021 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 5021 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:38972-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5021 of 2025 Petitioner :- Tej Pal Bhati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhay Raj Singh 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 23.2.2025 registered as Crime no.96/2025, Under Section 406 IPC, Police Station Phase -2 Madhya commissionerate, District Gautam Budha 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 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, th