Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 92787 (ALL)

RAJPAL v. STATE OF U.P. AND 2 OTHERS

CRLP/19996/2025 · 2025-09-08

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19996 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioner and the Additional Government Advocate for the State respondents. The present petition has been filed for the following relief:- "i- issue a writ or direction in the nature of certiorari quashing the impugned F.I.R. Dated 23.07.2025 arising out of Case crime No. 0305 of 2025 Police Station Patiyali, District Kasganj under sections 74, 115(2), 351(3) B.N.S. and Section 7/8 POCSO Act." It has been stated by the Additional Government Advocate that Section 65(2) of BNS has been added in the aforesaid FIR, after the statement of the victim alleging rape has been recorded under Section 183 of BNSS. Considering the gravity of the offence and the recitals in the first information report, we do not find it a fit case for interference by this Court under Article 226 of the Constitution of India, at this stage. The writ petition is dismissed. September 9, 2025 P Kesari Versus Counsel for Petitioner(s) : Nirbhay Singh Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Rajpal .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad