Allahabad High Court · 2025-07-30
CRIMINAL MISC. WRIT PETITION No. 15628 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 15628 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 15628 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:127427-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15628 of 2025 Petitioner :- Qamar Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Kanaujia,Pradeep Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 05.04.2025 giving rise to Case Crime No.0299 of 2025, under Sections- 318 (4), 329(3), 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station - Kwarsi, District - Aligarh, 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, 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)