CRIMINAL MISC. WRIT PETITION No. 15529 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:125740-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15529 of 2025 Petitioner :- Sanjay Upadhyay Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Deisy Pundir,Rahul Singh Tomar Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Syed Qamar Hasan Rizvi,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 17.6.2025 giving rise to Case Crime No.564 of 2025, under Sections 316(4), 318(4) and 61(2) of Bharatiya Nyaya Sanhita, 2023, Police Station - Kavi Nagar, District - Ghaziabad 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 Bharatiya Nagarik Suraksha Sanhita. 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