Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6694 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No.770 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Pooran Singh Rawat, Advocate for the petitioner.
2. Mr. B.C. Joshi, A.G.A. for the State.
3. By means of the present writ petition, the petitioner has put to challenge the FIR No.0294 of 2025 dated 17.06.2025, under Section 64 of B.N.S. 2023 registered at Police Station Patel Nagar, District Dehradun.
4. It is contention of learned counsel for the petitioner that the allegation made in the FIR does not reach to the offence of rape for the reason stated in para no.7 of the writ petition.
5. Learned State counsel at this submitted that during investigation Section 64 of B.N.S. 2023 has been replaced by Section 69 of B.N.S. 2023, wherein the petitioner is charged of committing rape on the false pretext of marriage.
6. Having considered the rival submissions of the parties and having gone through the FIR, this Court is of the view that keeping in view the age of prosecutrix the case is not such where discretion of this Court is to be applied.
7. Accordingly, since prima facie case is made out against the petitioner in F.I.R. no question of interference arises, in view of the law laid down by Hon’ble Supreme Court in the case of Neeharika Infrastructure P. Ltd. Vs. State of Maharashtra reported in 2021 (19) SCC 401.
8. Accordingly writ petition is dismissed.
(Pankaj Purohit, J.)
31.07.2025 SK