Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10410 of 2026 Court No. - 47 HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J. Heard Mr. Varun Kumar Sirvastava, learned counsel for the petitioner and Mr. Ghanshyam Kumar, learned AGA-I for the State. This writ petition has been filed to quash the FIR dated 26.04.2026 in Case Crime No. 0015 of 2026 under Section 74, 64 (1), 130, 308, 352, 351 (3), 115 (2) of BNS, 2023, Police Station Khaga, District Fatehpur. A perusal of the impugned FIR shows that the prosecutrix and her fiancee had gone to a public place which was away from the city on the fringes of some forest in order to enjoy some seclusion. There, two men appeared initially and one of them captured a video. One of these two summoned a third man over to the place. The new arrival dragged the prosecutrix into the bushes whereas one of the others assaulted the prosecutrix's fiancé. The prosecutrix was ravished. The three of them managed to transfer a sum of Rs.2,500/- from the prosecutrix's fiancé’s bank account using his mobile phone. These are allegations which are required to be thoroughly investigated. Versus Counsel for Petitioner(s) : Varun Kumar Srivastava Counsel for Respondent(s) : G.A. Bablu Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
The stand of the prosecutrix is clear from her statement under Section 183 BNSS which we have been taken through by the learned AGA, who has produced the case diary before us. In the nature of things, whatever the learned Counsel for the petitioner very persuasively, argues are all disputed defences which we cannot examine in the exercise of our jurisdiction under Article 226 of the Constitution. The writ petition is dismissed. May 7, 2026 C. MANI/ Prashant CRLP No. 10410 of 2026 2 (Tarun Saxena,J.) (J.J. Munir,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad