Neutral Citation No. - 2025:AHC-LKO:6767-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 894 of 2025 Petitioner :- Prem Nath Respondent :- State Of U.P. Thru. Prin. Secy. Of Home Deptt. Lko. And Others Counsel for Petitioner :- Chetan Kumar Tiwari,Arun Kumar,Ashutosh Chaurasia,Deepmani Shukla,Prabhat Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This writ petition has been filed with the following prayers :- "1. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information report dated 06.01.2025, in case crime no. 14/2025, U/s 65(2),351(2), BNS,2023 and 7/8 POCSO ACT, Police Station- Kotwali City, District- Pratapgarh, contained as Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties and directing the opposite parties No.2 to No.3, not to arrest or detain the petitioner on the basis of the impugned first information dated 06.01.2025, in Case Crime No. 14/2025, U/s 65(2),351(2), BNS, 2023 and 7/8 POCSO ACT, Police Station- Kotwali City, District- Pratapgarh, in the interest of justice. III. Issue any other order or direction deemed just and equitable under the circumstances of the case in favour of the petitioners. IV. Allow the writ petition with cost." It has been submitted by learned counsel for the petitioner that the petitioner and the complainant belongs to the same family and a civil litigation is going between the parties, therefore, the impugned F.I.R. has been lodged falsely implicating the petitioner. It has been submitted that the petitioner is 65 years of age and being related to the family, it is highly unlikely that he could have committed rape on the girl concerned. We have gone through the impugned F.I.R. and we find from the same that a cognizable offence is made out with regard to the arguments regarding the doubtfulness of the case looking into the age of the petitioner, we are not convinced in view of the amended definition of rape given in the I.P.C./B.N.S. The writ petition stands dismissed. Order Date :- 31.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench