GYANENDRA AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/5946/2025 · 2025-04-09
Siddhartha Varma, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31783 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31783 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:52847-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5946 of 2025 Petitioner :- Gyanendra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brajesh,Mohd Achhay Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,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 11.03.2025 giving rise to Case Crime No. 0083 of 2025, under Sections 115(2), 352, 350(2) , 131, 74 of Bharatiya Nyaya Sanhita, 2023, Police Station - Devgaon, District - Azamgarh, 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 the Bharatiya Nagrik 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 Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315.
4. We are of the view that no interference is warranted.
5. However, it is made clear that the provisions of section 35 of the
Bharatiya Nagrik Suraksha Sanhita, 2023 be complied with.
6. The writ petition, accordingly, is disposed of.
Order Date :- 10.4.2025 M.S. Ansari (Vipin Chandra Dixit,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad