Neutral Citation No. - 2025:AHC:51187-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5653 of 2025 Petitioner :- Sarim @ Mota Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyawati,Shyam Babu Counsel for Respondent :- G.A.,Vineet Kumar Singh Hon'ble Siddharth,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard learned counsel for the petitioner, Sri Vineet Kumar Singh, learned counsel for the informant as well as learned A.G.A. for the State and perused the record. 3. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 23.12.2024 lodged in Case Crime No. 163 of 2024, under Sections- 65(1), 333 & 351(2) B.N.S., Police Station- Garhipukhta, District- Shamli. 4. Allegations against the petitioner for committing offence of rape against a minor girl. Learned counsel for the petitioner submits that it is a case of false implication of the petitioner. 5. Learned counsel for the informant Sri Vineet Kumar Singh informs that medico-legal examination and statement under Section 164 Cr.P.C. of the victim are already part of the case diary. Learned A.G.A. for the State also informs that the injury report of the victim supports the prosecution case and in the statement under Section 164 Cr.P.C., the victim has made definite allegations against the petitioner, therefore, it is not a fit case for interference. 6. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioner at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under article 226 of Constitution of India. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 7. The prayer for quashing the FIR of the aforesaid case is refused. 8. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the petitioner appears before the court below within 60 days from today and applies for bail/anticipatory bail, his prayer for bail/anticipatory bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 9. With the aforesaid directions, this petition is finally disposed of. 10. However, in case, the petitioner does not appear before the court below within the aforesaid period, coercive action shall be taken against him. 11. It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 9.4.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad