CRIMINAL MISC. WRIT PETITION No. 23907 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23907 of 2025 Ashutosh Singh @ Deepu .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Ashutosh Dwivedi 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- respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 29.09.2025 giving rise to Case Crime No. 889 of 2025, under Section 406 of I.P.C., Police Station - Highway, District - Mathura, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure. 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. Ltd. vs. State of Mahar