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Mukesh Kumar Agrahari vs. State Of U.P. Thru. Its Secy. Home Deptt. Lko. And 2 Others

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CRLP/10847/2025HC AllahabadGSTCNR UPHC02090516202517 November 2025Bench: RAJIV GUPTA,PRAMOD KUMAR SRIVASTAVA2 pages

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10847 of 2025 Court No. - 30 HON'BLE RAJIV GUPTA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

1.

Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

2.

Although, the prayer made in this writ petition is to quash the FIR dated 19.11.2018, bearing FIR No. 740 of 2018, under Sections 420, 463, 464, 468, 471, 34, 120B IPC and Section 132 of SGST/CGST Act, Police Station Vibhuti Khand, District Lucknow, but when the matter has been taken up, learned counsel for the petitioner has submitted that all the offences, complained of, are punishable up to seven years and therefore, before effecting the arrest of the petitioner, specific provisions contained in Section 35 of B.N.S.S. be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments.

3.

We have perused the First Information Report, which prima facie discloses the cognizable offence against the petitioner and therefore, the prayer made to quash the First Information Report cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of : Kamlesh Kumar Yadav Counsel for Respondent(s) : G.A. Mukesh Kumar Agrahari .....Petitioner(s) State Of U.P. Thru. Its Secy. Home Deptt. Lko. And 2 Others .....Respondent(s)

impugned First Information Report, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned First Information Report, it is directed that the respondents/authorities shall ensure that the specific provisions contained in Section 35 of B.N.S.S. and the guidelines issued by Hon'ble Apex Court in 2021 (2) ACR 1147, and further directions issued by the Hon'ble Apex kkv/ CRLP No. 10847 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

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