CRIMINAL MISC. WRIT PETITION No. 5709 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:43756-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5709 of 2025 Petitioner :- Kamlesh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Dubey,Saumitra Dwivedi 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 06.08.2024 registered as Case Crime No.2359 of 2024, under Section 136 of Indian Electricity Act (Amendment) 2003, Police Station-Anti Power Theft Police Station Gautam Budh Nagar, District-Anti Power Theft (Gautam Budh Nagar) 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 ag