# CRIMINAL MISC. WRIT PETITION No. 5598 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-03-26
Citation: CRIMINAL MISC. WRIT PETITION No. 5598 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. WRIT PETITION No. 5598 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=53444)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:43757-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5598 of 2025 Petitioner :- Gaurav Alias Gaurav Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Deo Mishra,Premshankar Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Lawyers are abstaining from judicial work. We have perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 07.03.2025, registered as case crime no.26 of 2025, under section 137(2) B.N.S., P.S. Heempur Deepa, District Bijnor, but on perusal of record it transpires 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 cognizable offences against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view 

https://niyam.ai/judgements/high-court/2025/march/criminal-misc-writ-petition-no-5598-of-2025-at-allahabad