Neutral Citation No. - 2025:AHC:50179-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1307 of 2025 Petitioner :- Sangam Lal @ Sangam Lal Yadav Respondent :- State Of U.P. Nd 4 Others Counsel for Petitioner :- Rajesh Singh Baish Counsel for Respondent :- G.A.,Vijay Bahadur Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Rajesh Singh Baish, learned counsel for the petitioners, Sri Vijay Bahadur, learned counsel appearing for the informant and Sri Rahul Asthana, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 3.12.2024 registered as Case Crime No. 672 of 2024 under Sections 137, 87, 64(1), 352 of B.N.S. and Section 3/4 of POCSO Act, Police Station Handia, District Prayagraj. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Short counter affidavit filed today is taken on record. Along with short counter affidavit copy of the high-school mark-sheet of the victim has been annexed, according to which her date of birth is 29.10.2008 and she is minor and aged about 16 years. In the first information report also her age is shown about 16 years. 4. Submission of learned counsel for the petitioner is that the petitioner has no concern in the present case and is aged about 65 years and the victim was never kidnap. It is next submitted that the petitioner has not committed any offence and he has been falsely implicated in the present case. 5. Per contra, learned counsel for the informant and learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 6. Learned A.G.A. on instructions has disclosed that the petitioner herein is father of the main accused Rahul and has supported him in the commission of offence and in her statement the victim has stated that the physical relationship was made against her wishes, therefore, Section 64(1), 352 of B.N.S. and Section 3/4 of B.N.S. have been added. 7. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 8. Therefore, the writ petition is dismissed. 9. The petitioner being the senior citizen is at liberty to claim benefit under the provisions of B.N.S.S. while applying bail. Order Date :- 8.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad