Allahabad High Court · 2025-03-26
CRIMINAL MISC. WRIT PETITION No. 5678 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 5678 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 5678 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:43766-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5678 of 2025 Petitioner :- Santosh And 2 Others Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Bind 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 FIR dated 16.03.2025 registered as Case Crime No.0125 of 2025, under Section 115(2), 333, 351(2), 125 of B.N.S., 2023, Police Station-Hathras Gate, District-Hathras 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 Cr.P.C./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 ent