CRIMINAL MISC. WRIT PETITION No. 5419 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:43266-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5419 of 2025 Petitioner :- Smt. Seema Srivastava And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajai Kumar Srivastava 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- respondents and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 01.03.2025 registered as Case Crime No. 94 of 2025, under Sections 115(2), 351(3), 352, 333 of BNS, 2023, Police Station Gorakhnath, 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 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 cogniza