Allahabad High Court · 2025-07-04
CRIMINAL MISC. WRIT PETITION No. 13941 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 13941 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 13941 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:104740-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13941 of 2025 Petitioner :- Shivam @ Shivam Shakya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mool Chandra Maurya Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 28.5.2025 as Case Crime No. 171 of 2025, under Sections 74, 115(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station - Sidhpura, District - Kasganj, 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 Bharatiya Nagarik Suraksha Sanhita, 2023. 3.We have perused the the First Information Report which prima facie discloses 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