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july 2025

Allahabad High Court · 2025-07-02

CRIMINAL MISC. WRIT PETITION No. 13742 of 2025 at Allahabad

Citation / case number
CRIMINAL MISC. WRIT PETITION No. 13742 of 2025 at Allahabad
Court
Allahabad High Court
Petitioner
CRIMINAL MISC. WRIT PETITION No. 13742 of 2025 at Allahabad
Respondent
Unknown
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Judgment text excerpt

Neutral Citation No. - 2025:AHC:102445-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13742 of 2025 Petitioner :- Neeraj Kumar Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned AGA for the State- respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 30.05.2025 giving rise to Case Crime No.0114 of 2025, under Sections 303(2) of BNS and section 3/4 Prevention of Damage to Public Property Act, 1984, Police Station Walterganj, District Basti. 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. State of Maharashtra and Others, (2021) SCC Online SC 315. 4. We are of the view that no interference is warranted

CRIMINAL MISC. WRIT PETITION No. 13742 of 2025 at Allahabad · Niyam