CRIMINAL MISC. WRIT PETITION No. 14706 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:112857-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14706 of 2025 Petitioner :- Ragini Mishra Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.06.2025 giving rise to Case Crime No. 340 of 2025, under Sections 316(2) and 318(4) of Bhartiya Nyay Sanhita, 2023, Police Station - Cantt., District - Gorakhpur 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 Pvt. L