CRIMINAL MISC. WRIT PETITION No. 6040 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 6040 of 2025 Rahul Tripathi And 2 Others .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Neeraj Shukla Counsel for Respondent(s) : Anjani Kumar, 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 1.12.2024 giving rise to Case Crime No.0505 of 2024, under Sections 191(2), 324(4), 351(2), 351(4) and 352 of Bharatiya Nyaya Sanhita, 2023, Police Station - Baragaon, District - Gomati (Commissionerate Varanasi) 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