CRIMINAL MISC. WRIT PETITION No. 14131 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:108048-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14131 of 2025 Petitioner :- Akib Alvi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Fatma Khatoon 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 16.06.2025 giving rise to Case Crime No. 0283 of 2025, under Sections 191(2), 115(2) and 351(3) of Bhartiya Nyay Sanhita, 2023, Police Station - Phase-II, District - Gautambudh Nagar but at the time when the matter is taken up learned counsel for the petitioners 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