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Neutral Citation No. - 2025:AHC:53794-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 6984 of 2025 Petitioner :- Pavan Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 20.03.2025 giving rise to Case Crime No. 67 of 2025, under Section 306(e) B.N.S., Police Station - Maniyar, District - Ballia, 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.
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 compliance of section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023 be exercised by the police during investigation.
6. The writ petition, accordingly, is disposed of. Order Date :- 11.4.2025 sailesh (Vipin Chandra Dixit, J.) (Siddhartha Varma, J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad