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may 2025

Allahabad High Court · 2025-05-23

CRIMINAL MISC. WRIT PETITION No. 10582 of 2025 at Allahabad

Citation / case number
CRIMINAL MISC. WRIT PETITION No. 10582 of 2025 at Allahabad
Court
Allahabad High Court
Petitioner
CRIMINAL MISC. WRIT PETITION No. 10582 of 2025 at Allahabad
Respondent
Unknown
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Judgment text excerpt

Neutral Citation No. - 2025:AHC:87817-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10582 of 2025 Petitioner :- Akash Srivastava Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Ajatshatru Pandey,Sarfaraz Ahmad Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. Present writ petition has been preferred for quashing the FIR dated 10.05.2025 being Case Crime No.152 of 2025 under Sections 314, 316 (4), 318 (4), 319 (2) of B.N.S., Police Station Colonelganj, District Prayagraj and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. 3. Learned counsel for the petitioner submits that all alleged offences are punishable with imprisonment of seven years and therefore, the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioner has been wrongly implicated and could not be arrested. Learned counsel for the petitioner has placed reliance on the judgement of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 (Vimal Kumar and

CRIMINAL MISC. WRIT PETITION No. 10582 of 2025 at Allahabad · Niyam