CRIMINAL MISC. WRIT PETITION No. 5849 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:43906-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5849 of 2025 Petitioner :- Arush Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar,Shardendu Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. The Advocates are abstaining from judicial work. We have carefully examined the record and perused the impugned first information report. 2. Although, the prayer made in this writ petition is to quash the FIR dated 27.02.2025 registered as Case Crime No. 0216 of 2025 under sections 352, 351(2) B.N.S. 2023 and 67 Information Technology Act 2008, Police Station Kavi Nagar, Commissionerate Ghaziabad, but when the matter has been taken up, learned counsel for the petitioner has submitted that offences, complained of, are 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 Nagarik Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3. We have pe