CRIMINAL MISC. WRIT PETITION No. 5703 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:43771-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5703 of 2025 Petitioner :- Shashi Shekhar Pandey And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ritesh Upadhyay 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 08.01.2025 registered as Case Crime No.0005 of 2025, under Sections 121(1), 329(3) of B.N.S. and u/s 26 of U.P. Urban and Planning and Development Act, 1973/Amended 1997, Police Station-Malwa, District-Fatehpur 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 petitione