Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2512 of 2025 Petitioner :- Amit Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tripurari Pal Counsel for Respondent :- G.A.,Rakesh Kumar Pandey Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, Sri Rakesh Kumar Pandey, Advocate, appears for respondent no.4 and learned A.G.A for the State. 2. The allegation against the petitioner of committing offence of rape against the victim on false promise of marriage. 3. Learned counsel for the petitioner submits that it is a case of malicious prosecution of the petitioner. The victim was always a consenting party. There was no promise made by the petitioner for marriage. There was affair between them. 4. Learned counsel for the respondent no.4 has vehemently opposed the prayer of the petitioner and has submitted that petitioner committed offence of rape against respondent no.4. He had no intention to marry respondent no.4 since very beginning of their relation-ship in 2021. 5. Learned A.G.A has also opposed the submissions of learned counsel for the petitioner. 6. This court finds that the intention of the petitioner cannot be decided in the present proceedings. Police investigation is still going on. 7. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of directing that till cognizance is taken on police report under Section 193(3) B.N.S.S., by the court the respondents shall not arrest the petitioner pursuant to the F.I.R. dated 15.01.2025 giving rise to the Case Crime No. 34 of 2025, under Sections 69, 352 of B.N.S, Police Station- Sasni Gate, District- Aligarh, subject to cooperation in ongoing investigation. Order Date :- 11.2.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad