CRIMINAL MISC. WRIT PETITION No. 5371 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:43256-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5371 of 2025 Petitioner :- Mohd. Kaleem Khan Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Aishwarya Pratap Singh,Manish Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri A.P. Singh, learned counsel for the petitioner and Shri G.P. Singh, learned AGA-I, for the State and perused the record. 2. By means of instant writ petition, the petitioner is seeking quashing of FIR dated 01.04.2024, registered as case crime no.0091 of 2024, under section 379 IPC, P.S. Kandhrapur, District Azamgarh. Further prayer has been made not to arrest the petitioner in pursuance of impugned FIR. 3. Learned counsel for the petitioner submits that at present he is not pressing the above relief but at the same time the alleged offence is punishable only up to seven 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 may be complied with in view of law laid down by Hon'b