Allahabad High Court · 2025-10-09
CRIMINAL MISC. WRIT PETITION No. 21938 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 21938 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 21938 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21938 of 2025 Jamal Ashraf .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Vrat Sheel 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 the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 7.9.2023 as Case Crime No. 108 of 2023, under Sections 153-A, 295, 505 of IPC, Police Station - Dakshintola, District - Mau, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023. 3.We have perused the the First Information Report which prima facie discloses 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. Ltd. vs. State of Maharashtra and Others, (2021) SCC