CRIMINAL MISC. WRIT PETITION No. 9974 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:82243-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9974 of 2025 Petitioner :- Sachan Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanju Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State respondents. 2. The instant writ petition is preferred under Article 226 of Constitution of India assailing the legality and validity of the impugned First Information Report dated 28.4.2025 registered as Case Crime No.0059 of 2025, under Sections 288, 110, 352, 351(2), BNS-2023, at Police Station Airport, District/ Unit Nagar ( Commissionerate Prayagraj). 3. Learned counsel for the petitioners submits that the impugned FIR is lodged on false allegations, and no offences are made out against the petitioners. He further submits that the alleged offences are punishable under 7 years or less than 7 years and therefore, the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. (now Sections 35 and 35 (3) of B.N.S.S., 2023). 4. Hon'ble Supreme Court in the cas