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2025 DAILYLAW 40016 (ALL)

ANUPAMA SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/6864/2025 · 2025-04-09

Siddhartha Varma, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52766-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 6864 of 2025 Petitioner :- Anupama Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar 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 15.02.2025 giving rise to Case Crime No. 0051 of 2025, under Sections 351(2), 352, 324(4) of Bharatiya Nyaya Sanhita, 2023, Police Station - Kotwali Mau, District - Mau, 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