Allahabad High Court · 2025-03-25
CRIMINAL MISC. WRIT PETITION No. 5545 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 5545 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 5545 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:43518-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5545 of 2025 Petitioner :- Manoj Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Utkarsha Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Advocates are abstaining from judicial work. Learned AGA for the State is present. 2. Although, the prayer made in this writ petition is to quash the FIR dated 9.1.2025 registered as Case Crime No. 0021 of 2025, under Sections 318(4), 316(2) B.N.S., Police Station Meza, District Prayagraj, but when the matter has been taken up, learned AGA 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 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 against the petitioner and therefore, the prayer made to quash the FIR cannot be ente