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Neutral Citation No. - 2025:AHC:36204-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4229 of 2025 Petitioner :- Ramfer Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Prakash Chaturvedi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioner, Sri C. P. Pandey,
learned counsel for respondent no.4, learned A.G.A for the State- respondents and perused the record.
2. The writ petition seeks quashing of the F.I.R. dated 20.02.2025 giving rise to the Case Crime No.18 of 2025, under Sections 376- D, 323, 504, 506, 342, IPC and sections 3(1)(Da), 3(1)(Dha), 3(2) (V) of SC/ST (P.A.) Act, Police Station Golhaura, District Siddharth Nagar.
3. There are allegations against the petitioner of committing the offence of gang rape.
4. Learned counsel for the petitioner submits that the victim had consenting relationship with co-accused Sagar, at one time, thereafter she come back and started living with her husband. She is 45 years old women having two children. He further submits that it is a case of false implication of the petitioner, however, the police has investigating the matter.
5. Learned counsel for respondent no.4 as well as learned AGA have opposed the submissions made by learned counsel for the petitioner and stated that there were no consenting relationship of respondent no.4 with the petitioner, however, the Petitioner is
involved in the alleged incident and does not deserves any latitude of this Court.
6. 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 with the direction that that till submission of police report under Section173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 12.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad