Allahabad High Court · 2025-03-28
CRIMINAL MISC. WRIT PETITION No. 5915 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 5915 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 5915 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:44135-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5915 of 2025 Petitioner :- Shamsher Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Kumar,Shrawan Kumar Pandey 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 carefully perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 31.01.2025 registered as Case Crime No.0030 of 2025, under Sections 318(4) of B.N.S.2023, Police Station-Rohania, District-Varuna (Commissionerate Varansi) Varanasi but on perusal of record it reflects that the 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 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 petitioner and therefore, the prayer made t