CRIMINAL MISC. WRIT PETITION No. 17452 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17452 of 2025 Kanika Swami And 4 Others .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Bed Prakash Rai Counsel for Respondent(s) : G.A. Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, 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 15.07.2025 giving rise to Case Crime No.289 of 2025, under Sections 61(2), 318(4), 351(3) of B.N.S., Police Station - Kaushambi, District - Ghaziabad, 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, 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) 2 SCC 779 and Neehar