# CRIMINAL MISC. WRIT PETITION No. 5557 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-03-25
Citation: CRIMINAL MISC. WRIT PETITION No. 5557 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. WRIT PETITION No. 5557 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=53437)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:43502-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5557 of 2025 Petitioner :- Mohd. Altamas Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Pandey,Pratiksha Rai 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 07.03.2025 registered as Case Crime No. 0078 of 2025, under Section 74 B.N.S., Police Station Saini, District Kaushambi, but when the matter has been taken up, learned AGA has submitted that offence, complained of, is 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 offence against the petitioner and therefore, the prayer made to quash the FIR cannot be entert

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