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october 2025

Allahabad High Court · 2025-10-07

CRIMINAL MISC. WRIT PETITION No. 21509 of 2025 at Allahabad

Citation / case number
CRIMINAL MISC. WRIT PETITION No. 21509 of 2025 at Allahabad
Court
Allahabad High Court
Petitioner
CRIMINAL MISC. WRIT PETITION No. 21509 of 2025 at Allahabad
Respondent
Unknown
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Judgment text excerpt

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21509 of 2025 Amit Yadav @ Lalu .....Petitioner(s) Versus The State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Anup Kushwaha Counsel for Respondent(s) : G.A. Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, 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 9.9.2025 giving rise to Case Crime No.0401 of 2025, under Sections 352 and 351(2) of Bharatiya Nyaya Sanhita, 2023, Police Station - Gauri Bazar, District - Deoria 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 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 Infrastructure Pvt

CRIMINAL MISC. WRIT PETITION No. 21509 of 2025 at Allahabad · Niyam