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Neutral Citation No. - 2025:AHC:55688-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 4655 of 2025 Petitioner :- Sagar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anuj Chaudhary,Sani Kumar Counsel for Respondent :- Saurabh Kumar,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J.
1. Even though, there is compromise which has been filed along with counter affidavit, the Court considers it appropriate that no interference be made in this petition as the offences relates to Sections 74, 115(2), 191(2), 333, 352 B.N.S. and Section 7/8 P.O.C.S.O. Act.
2. Counter affidavit filed today is taken on record.
3. Heard learned counsel for the petitioner and learned A.G.A. for the State.
4. Although, the prayer made in this writ petition is to quash the First Information Report dated 03.01.2025 giving rise to Case Crime No. 06 of 2025, under Sections 74, 115(2), 191(2), 333, 352 B.N.S. and Section 7/8 P.O.C.S.O. Act, Police Station - Thanabhawan, District - Shamli, but at the time when the matter is taken up
learned counsel for the petitioner confines his relief to grant of protection under section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
5. 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 Maharashtra and Others, (2021) SCC Online SC 315.
6. We are of the view that no interference is warranted.
7. However, it is made clear that compliance of section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023 be exercised by the police during investigation.
8. The writ petition, accordingly, is disposed of.
Order Date :- 16.4.2025 sailesh (Vipin Chandra Dixit, J.) (Siddhartha Varma, J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad