HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20259 of 2026 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE PADAM NARAIN MISHRA, J. The present writ petition has been filed challenging the first information report dated 18.07.2026 registering Case Crime No. 0390 of 2026, under Sections 123, 65(1), 352, 351(3), 318(4), 336(3), 338, 340(2) of B.N.S., 2023 and Section 3, 4(2) of Protection of Children From Sexual Offences Act, 2012, Police Station-Kalyanapur, District-Kanpur Nagar. It has been argued by the counsel for the petitioner that the first informant is the legally wedded wife of the petitioner and the marriage was solemnized in the year 2018 and was also registered. It was argued that even from the recitals in the first information report the offence under the POCSO Act was committed in 2018. It was further argued that the delay in registering the first information report itself indicates that the first information report is malafide and has been registered only to harass the petitioner. Notices have already been served on respondent No. 4. The A.G.A. representing the respondent Nos. 1 and 2 has opposed the writ petition. It would serve no purpose to keep the petition pending and issue notice to respondent No. 3 and 5. In the circumstances, we consider it appropriate and in the interest of justice to dispose of the writ petition with the direction that the petitioner shall not be arrested in pursuance to the first information report dated 8.07.2026 registering Case Crime No. 0390 of 2026, under Sections 123, 65(1), 352, 351(3), 318(4), 336(3), 338, 340(2) of B.N.S., 2023 and Section 3, 4(2) of Protection of Children From Sexual Offences Act, 2012, Police Station- Kalyanapur, District-Kanpur Nagar till submission of police report under Section 173(2) Cr.P.C./193(3) B.N.S.S. provided the petitioner cooperate in the investigation. Versus Counsel for Petitioner(s) : Sandeep Kumar Dubey Counsel for Respondent(s) : Abhishek Singh, G.A., Shabista Parveen, Shailendra Singh Shivam Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) With the aforesaid direction, the writ petition is disposed of. September 18, 2026 Anurag/- CRLP No. 20259 of 2026 2 (Padam Narain Mishra,J.) (Salil Kumar Rai,J.) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad