Allahabad High Court · 2025-07-01
CRIMINAL MISC. WRIT PETITION No. 13600 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 13600 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 13600 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:101879-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13600 of 2025 Petitioner :- Abhishek Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukhtesh Kumar 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. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.4.2025 arising out of Case Crime No.0151 of 2025, under Sections 420, 406, 504 of Bhartiya Nyay Sanhita, 2023, Police Station - Kotwali, District - Basti, Uttar Pradesh 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 the Bhartiya Nagrik 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. L