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september 2025

Allahabad High Court · 2025-09-11

CRIMINAL MISC. WRIT PETITION No. 18810 of 2025 at Allahabad

Citation / case number
CRIMINAL MISC. WRIT PETITION No. 18810 of 2025 at Allahabad
Court
Allahabad High Court
Petitioner
CRIMINAL MISC. WRIT PETITION No. 18810 of 2025 at Allahabad
Respondent
Unknown
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Judgment text excerpt

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18810 of 2025 Parmaal And Another .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Prem Chandra Counsel for Respondent(s) : G.A. Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.1.2025 giving rise to Case Crime No.38 of 2025, under Sections 351(2), 352, 115(2), 333 and 74 of Bharatiya Nyaya Sanhita, 2023, Police Station - Alapur, District - Budaun 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. 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 Infrastruc

CRIMINAL MISC. WRIT PETITION No. 18810 of 2025 at Allahabad · Niyam