Allahabad High Court · 2025-09-02
CRIMINAL MISC. WRIT PETITION No. 18712 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 18712 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 18712 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18712 of 2025 Madan Lal And 3 Others .....Petitioner(s) Versus State Of U.P. And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Vinod Kumar Tripathi 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 petitioners and learned AGA for the State-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 01.08.2025 giving rise to Case Crime No.0433 of 2025, under Sections 115(2), 352, 351(2) of B.N.S., Police Station - Handia, District - Prayagraj, 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 Neeharik