CRIMINAL MISC. WRIT PETITION No. 5022 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:38973-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5022 of 2025 Petitioner :- Smt. Chandrawati Devi And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Swati Pandey,Vikas Mishra 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 and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 25.01.2025 registered as Case Crime No.0049 of 2025, under Sections 115(2), 352, 351(3) of B.N.S. and Section 3(1) (Da), 3(1) (Dha) and 3(2)(va) of S.C./S.T. (P.A.) Act, Police Station Gagaha, District Gorakhpur, 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 Nagarik Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3.