CRIMINAL MISC. WRIT PETITION No. 23734 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23734 of 2025 Om Prakash Upadhyay And 3 Others .....Petitioner(s) Versus State Of Up And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Anil Kumar, Prashant Singh 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 petitioners and the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 11.7.2025 as Case Crime No. 213 of 2025, under Sections 74, 115(2), 351 (3) and 76 of the Bharatiya Nyaya Sanhita, 2023, Police Station - Jigna, District - Mirzapur, 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 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 Neehar