Neutral Citation No. - 2025:AHC:56743-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 6140 of 2025 Petitioner :- Jitendra Pathak Respondent :- The State Of Up And 2 Others Counsel for Petitioner :- Ajit Kumar Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Counter affidavit filed today on behalf of the respondent no.3 is taken on record. 2. Heard Shri A.B.L. Gaur, learned Senior Counsel assisted by Shri Ajit Kumar, learned counsel for the petitioner, Shri Paritosh Shukla, learned counsel for the respondent no.3 and learned A.G.A. for the State respondents. 3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 17.3.2025, registered as Case Crime No. 0027 of 2025, under Sections- 69, 89, 115(2), 352 of BNS, Police Station- Mahila Thana, District- Agra and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 4. Allegation against the petitioner is for committing offence of rape with the respondent no.3 on false pretext of marriage. There is also allegation that the pregnancy of the respondent no.3 was forcibly got aborted by the petitioner. Learned counsel for the petitioner submits that in fact the informant herself had consumed unwanted pills and falsely implicated the petitioner for causing her forcible abortion. 5. Under the facts and circumstances of this case and 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 173(2) Cr.P.C., by the court, the respondents shall not arrest the petitioner pursuant to the aforesaid First Information Report dated 17.3.2025, registered as Case Crime No. 0027 of 2025, under Sections- 69, 89, 115(2), 352 of BNS, Police Station- Mahila Thana, District- Agra subject to cooperation in ongoing investigation. 6. In case, the accused persons do not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court. Order Date :- 17.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad