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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22556 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J.
HON'BLE SANJIV KUMAR, J.
1. The petitioner has come up seeking to quash the impugned FIR giving rise to Case Crime No. 176 of 2025, under Sections 64(1), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station - Rampur Karkhana, District - Deoria.
2. The prosecutrix is consistent about the allegations of rape in the FIR, her statement under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as a statement given to the doctor at the time of her medical examination.
3. It is argued by the learned Counsel for the petitioner that the impugned FIR has been lodged because the petitioner had lodged an FIR against the prosecutrix's brother-in-law giving rise to Case Crime No. 260 of 2024, under Sections 115(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(va) SC/ST Act, Police Station - Rampur Karkhana, District - Deoria, and, in retaliation, the impugned FIR has been lodged in order to exert oblique pressure upon the petitioner to withdraw from prosecution of the case brought against the prosecutrix's brother-in-law.
4. A submission of this kind or this case, though some times considered sound to support a prayer to quash the FIR, but here it does not seem to fit in the context of the present prosecution which is for an offence of rape, about which the prosecutrix is consistent.
5. We do not find this to be a fit case for interference under Article 226 of Versus Counsel for Petitioner(s) : Vinay Kumar Jaiswal Counsel for Respondent(s) : G.A. Hiralal Gond .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
the Constitution. This petition is, accordingly, dismissed.
6. It would, however, be open to the petitioner to avail his remedies under the law by seeking bail and/or anticipatory bail, as advised. October 14, 2025 Prashant D.
CRLP No. 22556 of 2025 2 (Sanjiv Kumar,J.) (J.J. Munir,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad