Allahabad High Court · 2025-07-04
CRIMINAL MISC. WRIT PETITION No. 13459 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 13459 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 13459 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:104559-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13459 of 2025 Petitioner :- Sameer Respondent :- State Of U.P. And 3 Other Counsel for Petitioner :- Pushpendra Singh Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned AGA for the State-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 23.5.2025 giving rise to Case Crime No.0160 of 2025, under Section 3/7 of Essential Commodities Act, 1955, Police Station - Aurangabad, District Bulandshahar, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. We have perused the the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. St